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CHRONICLES 

OF 

COLONIAL MARYLAND 

WITH ILLUSTRATIONS 



BY 

JAMES WALTER THOMAS , 
Member of the Maryland Historical Society 



GUSHING & COMPANY 
BALTIMORE, MARYLAND 



Vf 






Uib«-i»r V -I > 

Two Cu^.f s ' 

JUN 15 



lyuu 



HRST copy. 

2nd C»^y Driiverrtf ta 

OROEf? DIVISION 

JUN 16 1900 



•S«i3N0 GOPY, 



68379 



Copyright igoo by 

James Walter Thomas 

All rights reserved 



Presses of 

Frank B. Jenvey 

Cumberland Maryland 



preface. 



rT7HIS work may be classified as an hutorical review of Maryland, 
I anterior to the American Revolution, though its Author bestow* 
-* upon it the more modest title— Chronicles of Colonial Maryland. 
His chief object has been to explore and develop historic fields which 
have hitherto either been wholly neglected, or have received but scant 
notice at the hands of historians. This does not apply to the first chap- 
ter, the object of which wns to re locate a cherished landmark, "once 
kno%tm, but forgotten", — the historic island of Saint Clement's —and 
thus rescue from oblivion, the sp^^t consecrated as the first landing place 
of ihe Maryland colonists ; as well, also, to identify the exact point of 
landing at the place of its permanent settlement. The Author, while 
conscious of the laborious research and painstaking care beatowe«i upon 
it, fully realizes that a work, so largely one of original research, is inevi- 
tably not without imperfections. In submitting it, therefor, to the pub- 
lic, he does so with the assuring hope that the learned and generous will 
appreciate the difficulties attending the undertaking, and will accord 
consideration and justice to the motive which animated this humble 
tribute to his native State. 

J. W. T. 
Cumberland, Maryland. 

March 37th. 1900. 



lErrata* 



On page 32, line 20, read sixty-two for fifty feet deep. 

" " 53, last line, read Rosecroft for Rosecraft. 

" " 58, last line, read Claiborne for Clayborne. 

" " 14S, reference i, read Act, 1715, C. 48, for Act, 1715, C. 14. 

" " 237, line 2 note, read were for was. 

" " -^41, line 2, read voluntatis, for voluntatics. 

" " 241, line I, reference 4, read paintings for painting. 

" " 254, line 15, read erected for enacted. 

" " 276, 278, 280, read Sothoron for Sotheron. 

" " 285, last line note, read Catualier for Comalier, 



Contents* 

CHAPTER I. 

PLACE OF LANDING OF THE MARYLAND COLONISTS. 

Place of first landing named Saint Clement's — Impressions of the 
Colonists on seeing the Country — First Mass celebrated in Maryland — 
Identity of Saint Clement's Island rescued — Place of Permanent vSettle- 
ment selected — Place of Landing identified — View of — Name bestowed on 
first Maryland Town — Natives — Origin of certain Indian Names, . 9-20 

CHAPTER II. 

THE URST CAPITAL OF MARYLAND. 

Ivocation — Beauties of Situation — Baltimore's Instructions concern- 
ing it — Character of Improvements — Fort Saint Mary's — Location of 
principal Streets, Lots, and Houses— State House — Jail — "Old Mulberry" 
— Copley Vault — Taverns — First Water Mill — Roman Catholic Church — 
Protestant Church— Baltimore's Home — "The Castle", ... 21-54 

CHAPTER III. 

THE FIRST CAPITAL OF MARYLAND— Continued. 

First General Assembly — Organization of — Early struggles for polit- 
ical freedom — Character of Legislation — Ingle's Rebellion — Religious 
freedom— Death of Governor Leonard Calvert — Life and character of — 
His Descendants — Battle of the Severn — Puritan reign — Fendall's Rebel- 
lion — EfiFort to have Capital removed— Maryland Coin — Protestant Revo- 
lution--Royal Government — Removal oi Capital — Downfall of Saint 
Mary's — Calvert Monument — An historic spot 55-8o 



CHAPTER IV, 

LAND TENURK OK CuLONIAl, MARYLAND. 

Maryland a Palatine — Rights and powers of a Court Palatine— Char- 
acter of Tenure — How Land could be obtained — To whom, and in what 
quantity granted — Nature of the grants — Statutes of Mortmain — Rem- 
nants of Feudal Tenure — Fealty — Escheats — Fines — Relief — Quit-rents — 
The latter a large source of revenue to Proprietary — Difficulties in their 
payment — Confiscation of Proprietary rights — Contest among Heirs of 
last Proprietary — Curious data from Land Office 81-102 

CHAPTER V. 
LAND TENURE OF COLONIAL MARYLAND. 

Methods of transferring Land — Livery of Seisen — Indentures — Deeds 
of conveyance — Acknowledgments — Descent of Land — Manors — Primo- 
geniture — Entailment — Influence in shaping Institutions, and habits of 
people^Its tendency aristocratic, 103-114 

CHAPTER VI. 
JUDICIAL SYSTEM OF COLONIAL MARYLAND. 

Gradual development of tht system — Justices of the Peace — County 
Court — Manorial Courts — Prerogative Court — Chancery Court — Admir- 
alt}^ Court — Assize Courts, .... 1 15-142 

CHAPTER VII. 

JUDICIAL SYSTEM OK COLONIAL MARYLAND. 
Provincial Court— Origin of —Justices of — Jurisdiction of — Chief Judi- 
cial Tribunal — Court of Appeal.s — Appeal to King and Council — Early 
Reports — Characteristics of Provincial Judiciary, 143-162 

CHAPTER VIII. 

CHARACTERISTICS OK MARYLAND ESTABLISHMENT. 

Protestant Epi.scopal Church in Early Maryland — Became estab- 
lished Church — Nature of Establi.shment — Parishes — English ecclesias- 
tical law not in force — Induction, its uses and abu.ses — Church tax — Con- 
test over — Abolished — Glel)es — Church Wardens — Clerks — Registrars, 

163-202 

CHAPTER IX. 

SOME OF MARYLAND'S EARLY CHURCHES. 

Division of Province into Parishe.s — Number in each County — Wil- 
liam and Mary Parish — King and Queen — All Faith— Saint Andrew's — 
Prince George's — Marriage Records of Latter - Newtown Church — Saint 
Inigoe's— Saint Joseph's— Sacred Heart— Saint Aloysius— Saint John's, 

203-238 



CHAPTER X. 

THE GREAT SEAL OF MARYLAND AND HER FL'V.G. 

Great vSeal unique — Heraldic in design — Description of — Those in 
use before the Revohition — Those after — Lesser Seals at arms — Impres- 
sions of on Money — Present Great Seal -Origin of Flag — Design of — 
Early uses of— Beauty of — Great Seal of United States— Origin of The 
Stars and Stripes 239-250 

CHAPTER XI. 

SAINT MARY'S COUNTY. 

Oldest County organization — Theatre of Maryland's early struggles 
Beauties of — Resources of— Boundary of — Early civil divisions — County 
seat — Other early towns — Ports of entry — Roads — First mail route — His- 
toric value of Will Records — Traditions — Early School System — Char- 
lotte Hall — Revolution— Civil OfiBcers, 251-286 

CHAPTER XII. 

SAINT MARY'S COUNTY. 

Historic places — Character of improvements— Governor Calvert's 
Manors — Cross Manor — Mattapan}- — Susquehanna — Sotterly — Fen wick's 
Manor — De-la Brooke — Trent Hall — The Plains — Calvert side of Patux- 
ent — Deep Falls — Bashford — Notley Hall — Brambly — Bushwood — Saint 
Clement's Manor — Tudor Hall— Portobello, 287-319 

APPENDIX. 

Letter, 1799, giving account of opening of " Coplej- Vault ", at Saint 
Mary's City — Topographical Map of Maryland's First Capital, showing 
location of principal lots and house, 321-325 



4* 



miustratione. 



Page 

Chancellor's Point, i8 

Saint Mary's Bluff, site of First State House, 32 

Maryland's First State House, 34 

F'oundation Lines of First State House, 54 

Great Seal of Maryland under the Proprietary Government, .... 240 

Reverse of the Great Seal used by Cecelius, Lord Baltimore, . . . 242 

Lesser Seal at Arms, 243 

Plate for Stamping Seal on Money, 244 

Present Great Seal of Maryland, 248 

The Maryland Flag, 250 

Map of Leonard-Town, 262 

Map of Saint Mary's City, Appendix 



(Eolontal Ularylanb. 

CHAPTER I. 

place of XanMnc} ot the fll^arl?lan^ Colonists. 



|N the 5th of March, 1634, the Ark and the Dove, bearing 
Iq the representatives of the two great principles — "politi- 
cal freedora and religious peace ' ' , for which Maryland 
became renowned-rafter a long and eventful voyage from the 
old to the new world , entered the Potomac River. ^ 

Charmed with the genial climate, picturesque landscape 
and majestic waters that greeted them, Governor Leonard 
Calvert and his companions began naming the places as they 
passed, calling the southern point, at the mouth of the river, 
Saint Gregory^ (now Smith's Point) and the northern point 
(now Point Lookout) Saint Michaels.* 



I "Relatio Itineris in Marylandiam." — The report of Father 
Andrew White, one of the Maryland Colonists, to his superiors at Rome, 
April, 1634 ; discovered by Rev. Wm McSherry in the archives of the 
" Domus Professa," and published by the Maryland Historical Society; 
"Relation of Maryland," dated Saint Mar3''s, May, 1634, published in 
London, 1634, ^nd republished as "Shea's Early Southern Tracts", No. 
I ; "Relation of Maryland", published in London, in 1635, and repub- 
lished, with map of the country, by Joseph Sabin, of New York. 

2 Ibid. 

3 The pleasing impressions which the Maryland colonists formed of 
their new country and surroundings, may he gathered from the following 
extracts from Father White's report of the voj-age and landing : "The 
country is not without such things as contribute to prosperity and 



lo COLONIAL MARYLAND 

Sailing up the river amid the consternation of the Indians, 
and by the " light of their council fires, which blazed through 
the land," tliey anchored at an island which they named Saint 
Clement's.' This island, as described at the time, was thickly 
wooded with cedars, sassafras and nut trees, and aboun ed in 
herbs and flowers, but had such a sloping shore tliat a landing 
could only be effected by wading.'^ It is twenty-six miles from 
the mouth of the Potomac lies directly above Saint Clement's 
Bay, and ha^f a mile from the Maryland shore. 

Leaving the Ark and the greater part of the colonists 
there/ Governor Calvert spent some days exploring the coun- 
try, and treating wiih the Indians,/ ascending the river as high 
as Piscataway, nearly opposite Mount Vernon. During his 
absence "a court of guard " was kept at Saint Clement's, while 
others of the colonists were occupied in putting together a 

pleasure." "The soil seems remarkably fertile, is dark and not hard, to 
the depth of a foot, and overlays a rich, red clay." '' Fine groves of trees 
appear, not chocked with briars or bushes and undergrowth, but growing 
at intervals, as if planted by the hand of man." There are "straw- 
berries, vines, sassafras, acorns, and wnlr.uts"; also, "deer, beavers, 
and squirrels", and "an infinite number of birds of various colors, such 
as eagles, crows, swans geese, turkeys, partridges, and ducks". "Nu- 
merous springs furnish a supply of water". "Never have I beheld a 
larger or more beautiful river (tiian the lower Potomac.) The Thames 
seems a mere rivulet in comparison with it ; it is not disfigured with 
■swamps, but has firm land on each side". The Saint George's (Saint 
Mary's) River " has two harbors, capable of containing three hundred 
ships of the largest size ". " The natives are verj' tall, and well propor- 
tioned ; Iheir skin is naturally rather dark, and they make it uglier by 
staining it, generally with red paint, mixed with oil to keep off the mos- 
quitoes". "The .soles of their feet are as hard as horn, and they tread 
on thorns and briais without being hurt '". "The race are of a frank and 
cheerful disposition, and understand any matter when it is stated to 
them ;they have a keen sense ol taste and smell, and in sight, too, they 
surpass the Europeans. They live for the most pait, on a kind of paste, 
which they call Pone and Omini, both of which are made of Indian corn, 

I Ibid. ? Ibid. 



THE LANDING ii 

barge, the parts for which they had brought with them, and 
in getting out material for a pahsado. ' On his return, prepa- 
rations were made for religious ceremony, and on the 25th of 
March (the day of the Annunciation of the Virgin Mary), 
1634, among the trees and flowers, they celebrated, at Saint 
Clement's, the first mass in Maryland.! They then erected a 
great cross, " hewn out of a tree," as a " trophy to Christ," 
and as an emblem of Maryland's christian faith. ^ After this, 
with solemn ceremonies, they 'took formal possession of the 
country for ' ' our Saviour and for our Soveraigne Lord the 
King of Eugland."* ' 

It should here be noted that it is singularly unfortunate 
that historians have fallen into the grave error of asserting 
that the Island of Saint Clement's, thus consecrated as the 
landing place of the pilgrims of Maryland, has long since 
yielded to the ravages of the insidious and relentless surf, and 
has almost disappeared — an error, resulting apparently, from 
a misapprehension of the location of the island, and the 

and sometimes they add fish, or what they have procured by hunting or 
fowling. They are especially careful to refrain from wine or warm drinks, 
and are not easily persuaded to taste them ". " They run to us of their 
own accord, with a cheerful expression on their faces, and offer us what 
they have taken in hunting or fishing", sometimes bringing "oysters, 
boiled or roasted". " They cherish generous feelings towards us, and 
make a return for whatever kindness you may have shown them". 
"The}' live in houses built in an oblong, oval shape. Light is admitted 
into tliesc through the roof, by a window a foot and a half long , this 
also serves to carry off the smoke, for they kindle the fire in the middle 
of the floor, and sleep around it. Their Kings, however, and chief men, 
have private apartments of ther own, and beds, made by driving four 
posts in the ground and arranging poles above them horizontally". 
"One of these cabins has fallen to me ". "It has been fitted up " as a 
temporary place of worship, "and you may call this the first chapel of 
Maryland ". 

I Relation of Maryland, 1634. 2 Relatio Itineris. 

3 Relation of Maryland, 1634. 



12 COLONIAL MARYLAND 

assumption that it was the same as Heron Island, nearby, but 
more inland and immediately at the mouth of Saint Clement's 
Bay, and which, well authenticated tradition says, for more 
than a century and a half has been practically washed away. 
The pioneer Maryland historian. Boznian,- left the matter in 
doubt. Ivater, Dalrymple, in his valuable annotation of * ' The 
Relatio Itineris iu Marj'landiam ' ' . and who appears to have 
made it the subject of personal investigation, concluded that it 
was Heron Island on Vv-hich the landing was made and to which 
the name of Saint Clement's was affixed. As recorded by 
him, " the name has disappeared and almost the whole of the 
island has been washed away by the river. * * * All that is 
left of it is a sand bank of about ten acres " '•* Still later 
authors, among them Scharf, Bry;uit, and even the careful 
and pain.staking Brown have united in the confounding of 
Heron Island with Saint Clement's, and thus recording it as 
a lamentable, but nevertheless an historical fact, that the spot 
on which the colonists of Maryland first set foot upon her 
soil, and proclaimed the right of sovereignty over her domain, 
— than which none should be more sacred to the memory of 
her people — no longer exists either in fact or in name.^ 

They are not one and the same. A chronicle of the land- 
ing says, " they sayled up the river till they came to Heron 
Island (so-called from the large number of birds there of 
that name) which is about 14 leagues, and there came to 
anchor under an island near unto it which they called Saint 
Clement's."* A map of that time,* and also one of later date,® 

1 Bozman's History of Maryland, p. 27. 

2 Relatio Itineris, Dalryuiples note, p 104. 

3 Scharf, History of Maryland, r, p. 74; Brown, History of Mary- 
land, p. 23; Bryant, History of United States, i, p. 492. 

4 Relation of Maryland, 1634. 

5 Map in Relation of Maryland, 1635. 6 Maps, 1670, Shea i, p. 45. 



THE LANDING 13 

as well as the early laud grants of the laud nearest these 
islands, " not onl}- confirm this as to the separate identity of 
the two, but show that their relative position at that day was 
the same that the remnant of Heron Island bears to-day to the 
undiminished proportions of Saint Clement's. In name only 
has it changed. The first grant of Saint Clement's Island was 
to Dr. Thomas Gerrard in 1639, when it was included in the 
grant of Saint Clement's Manor. From him, through inter- 
marriage of his daughter Elizabeth, with Colonel Nehemiah 
Blackiston, it passed to the Hlackistons, and from long posses- 
sion in them, it came to be called Blackiston' s Island, the 
name it bears to-day. It is true, Father White and the Rela- 
tion of 1634, the authorities perhaps, by which Maryland his- 
torians have been misled, say the landing was made on the 
first one of the group called Heron Islands which the colonists 
reached, but they clearly meant the first one of the three 
islands which lie in the Potomac, between Saint Clement's Bay 
and the Wicomico River, and known as Saint Clement's, 
( Blackiston' s) Saint Katheriue's, and Saint Margeret's. 

The Relation of 1634, indeed, practically establishes the 
identity of these islands as being the same as those above 
mentioned. It says, "the first of those islands we called 
Saint Clement's ; the second, Saint Katherine's, and the third 
Saint Cecelia's," now Saint Margaret's. It is, happily, a fact 
that Saint Katherine's Island has always retained the name first 
bestowed upon it. At the time they were named, it was the 
second in the trio, and lay above Saint Clement's — to-day its 
position is .second, and it lies next above Blackiston's Island. 
It would therefore, have been a physical impossibility to have 
named the islands in the order in which they stand, and to 



I Patents to Wm. Briltou for Little Britton, and Thomas Gerrard for 
Saiut Clement's Manor, 1639 in Land Office, Annapolis. 



14 COLONIAL MARYLAND 

have placed Saint Katherine's second in the line, without the 
island now known as Black iston's being the first in that course, 
and the one lying next below it. Again, in 1678, a new 
patent was issued for Saint Clement's Manor, and the three 
islands, in the language of the patent, " bang in the Potomac 
River, at the mouth of the Wiccocomoco River, called by the 
names of Saint Clement's Island, Saint Katherine's Island, 
and Saint Margaret's Island" were included in the grant,' 
which three islands are there to-day, and known as Blackis- 
tone's, Saint Katherine's. and Saint Margaret's. 

It should be noted that Heron Island — now scarcely dis- 
cernible — which lies more inland, and somewhat out of the 
direct course in sailing up the river, was most likely ver}- 
diminutive and practically valueless even at that date, as no 
patent appears ever to have been issued for it. It was also, 
apparently, deemed too insignificant for a new name when 
bestowing names upon the three lying further out in the river, 
and it to-day retains its first name — Heron — the one hy which 
the entire group was originally known. 

The records also of the devises and alienations of the island 
covering a period of more than a centurj^ refer to it alternateh' 
as Blackiston's or Saint Clement's Island, which, with a direct 
chain of title from the Lord Proprietarj' to the present time, 
incontestably establishes the fact, that the beautiful Black- 
iston's Island of to-day, gracefully slumbering upon the bosom 
of the lower Potomac, is the historic Saint Clement's Island 
of the past. ^ 

1 Liber 20, p. 5, Land Office. 

2 Patents to Thomas Gerrard, 1639 Liber i, p. 48. and Justinian Ger- 
rard, 1678, Liber 20, p. 5, Land Office ; judgment in suit, Neheraiah 
Blackiston vs. Justinian Gerrard, 1686, Provincial Court Records, Liber 
D. S. A., p. 532; will, Elizabeth (Blackiston) Guibert, Liber 14, p. 224, 
Annapolis; wills, John Blackiston, Liber i, p. 352, and Nehemiah 



THE LANDING 15 

It is also worthy of note that Saint Clement's has passed 
into history as possessing, at the time of the landing, an area 
of four hundred acres, the result, perhaps, of an error in the 
copy of Father White's report at Rome, the authority for the 
statement.^ Bj^ the return of the Surveyor General, in 1639, 
five years onl)- after the narrative was written, it contained 
eighty acres, " which is about its size to-day. Father White 
most probably said it contained four score, and not four hun- 
dred acres. 

Before the colonists left England, Lord Baltimore sent to 
Governor Leonard Calvert a set of instructions for the govern- 
ment of the colony upon their arrival in Maryland, in which 
he urges him in selecting the place of settlement, that his 
chief care be " to make choice of a place first, that is probable 
to be healthfull and fruitfull ; next, that it be easily fortified, 
and thirdly, that it be convenient for trade both v/ith the 
English and savages " . ^ 

Following these instructions, and deeming it imprudent 
to locate high up the river, where retreat would be difficult in 
the event of attack, Governor Calvert, already impressed with 
the superior advantages of that section of the province border- 
ing on the lower Potomac for the Maryland settlement, con- 
cluded to visit next the Indian village of Yaocomico. This he 

Blackiston, Liber 3, p. 435, both of Saint Mary's County ; deeds, John 
Blackiston to R. H. Miles, Liber F, vol. i, p. 8, and R. H. Miles to J. M. 
Goldsmith, Liber F, vol. i, p. 328, Land Office ; deeds, G. W. Morgan, 
sheriff, to B. G. Harris, B. G. Harris to J. L. McWillianis, R. C. Combs, 
attorney, to F. A. Denison, F. A. Denison to Mary E. Swan, Saint Mary's 
County. 

I Relatio Itineris, p. 32. 2 Old Marjdand Manors, p. 29. 

3 The original draft of this paper, in Baltimore's own handvi'riting 
and the oldest original document, except the Charter, belonging to Mary- 
land's early history, has only very recently been discovered, and is now 
in the Maryland Historical .Society. It has also been published by 
Brown, " Makers of America", p. 45. 



i6 COLONIAL MARYLAND 

was also induced to do by Captain Henry Fleet, an Indian 
trader, whose familiarity with the country gave his opinion 
importance and weight, and who represented that section of 
it in glowing terms and as being well adapted in every way to 
their purpose. 

lycaving both ships at Saint Clement's Island, and accom- 
panied by Captain Henry Fleet and a small body of men, he 
sailed in his barge down the river about sixteen miles to a 
bold, deep tributary flowing into the Potomac from the north, 
and which they named Saint George's (now Saint Mary's) 
River. Ascending this river, and naming its two ' ' great 
harbors," the one Saint George (now Saint George's River), 
and the other, more inland, Saint Mary (still Saint Mary's), 
and between Church Point and Chancellor's Point, he an- 
chored at Yaocomico, situated on the eastern bank of the river, 
and about five miles from its mouth. 

He sought interview with King Yaocomico, and informed 
him of the object of his coming, to which, sa3^s the Relation, 
" he made but little answer, as is their manner to any new or 
sudden question, but entertained him and his company that 
night in his house, and gave him his own bed to lye on — 
which is a mat laid on boards — and the next day went to show 
him the country.'" 

The Governor was convinced of the superior fitness of the 
the place, and that his entry there could be safely made, and 
to avoid " ever}^ appearance of injustice, and to afford no 
opportunity for hostility on the part of the Indians, he waived 
all question of right or superior power in the premises, and 
agreed to buy their town and territory. The Yaocomicos 
having previously resolved to move higher up the country, to 
avoid the Susquehanocks, a more powerful tribe, and their 



I Relation of Maryland, 1634. 



THE LANDING 17 

enemy, this was accomplished without difficulty, and for cloth, 
axes, hatchets, rakes, hoes, and knives, they agreed that the 
colonists should occupy a part of their town and land, reserv- 
ing a part for themselves until their corn could be gathered, 
when the whole should be surrendered. It was further mu- 
tually agreed, that the two nations should live peaceably 
together, and that if any injurj^ was done on either side, the 
offending party should make reparation. ^ 

Much historical encomium has been lavished upon William 
Perin, for his famous treaty with the Shackamaxon Indians 
for the land upon which the city of Philadelphia stands, but 
neither the annals of Pennsylvania, or of any other American 
colony, present a more conspicuous example of humanity and 
justice towards the Aboriginees, than is portrajed in the spirit 
which animated Maryland on that occasion, and, indeed, 
throughout, in that regard, and it should, with equal justice, 
adorn the pages of her history.^ 

The ships dropping anchor in Saint Mary's harbor, the 
colonists landed on the ' ' right hand side " , or southern arm 

1 Relatio Itineris ; Relation of Maryland, 1634. 

2 Speaking of the religion of the Indians found in and around Saint 
Mary's, the Relation of 1634 says : "First, they acknowledge one God 
of Heaven, which they call our God ; and cry a thousand shames upon 
those christians that so lightly offend so good a God. Bui they give no 
external honour unto Him, but use all their might to please an Okee 
(or frantic .spirit), for fear of harm from him. They adore, al.so, Wheat 
and Fire, as two gods, very beneficial unto man's natures In the Mach 
icomoco, or Temple of Patuxent, there was .seane by our traders this 
ceremony. Upon a day appointed all the Townes mett, and a great fire 
being made ; about it stood the youugef sort, and behinde them againe 
the elder. Then taking a little deer suet, they cast it into the fire, 
crying, Tabo, Tabo, and lifting their hands to heaven. After this, was 
brought before them a great Bagg, filled with a longe Tobacco pipe and 
Poake, which is the word they use for our Tobacco. This was carried 
about the fire, the youth following, and singing Tabo, Tabo, in veryl 
good tune of voice, and comely gesture of body. The round ended, one 
comes reverently to the Bagge, and opening it, takes out the Pipe, and 



1 8 COLONIAL MARYLAND 

of tlie harbor (Chancellor's Point), and, walking about a mile 
around the river bank, came to the place selected f^r their 
permanent settlement, and laid out the plan for the first town 
in Maryland. 

Father White's report (the most valuable record of the 
times, and the only one that attempts to detail this feature of 
the landing) says : ' ' The left side of the river was the abode 
of King Yaocomico. We landed on the right hand side," and 
about a mile from the town. ' This clearly means Saint Mary' s 
harbor, and not the river (or Saint Inigoe's harbor, as has 
been suggested), and identifies with certainty, Chancellor's 
Point as the place of landing. The town of Yaocomico and 
the place of landing could not have been on opposite sides of 
the river, for the colonists walked from one place to the other, 
which could only have been accom-plished, if on opposite sides, 
b}' going arounci the head of the river — a journey not of one 
mile only, but of at least twenty. The two, however, could 
have been on opposite sides of the harbor — a deep indentation 
made by the two long headlands, now known as Church Point 
and Chancellor's Point. 

The Indian town, it is conceded, occupied the northern 
or Church Point arm, which placed it on the left side in sailing 
up, thus making the .southern, or Chancellor's Point arm, the 
right ha fid side in enLcring tlie harbor ; the southern extremity 
(Chancellor's Point) of this arm, being also about a mile dis- 
tant from the town they laid out — Saint Mary's. 

The event of landing and unloading the ships was made 
with as much formality as circumstances would permit, and 



divides the Poake, from one to one. As every one tooke his draught, 
hee breath'd his smoke upon the limbs of his own body, as it were to 
sanctifie them by this ceremony, to the honour and service of their 
God, whomsoever they meant." 
I Relatio Itineris. 



\ 



^;' 

:-«i.-.- 





<4V 



I i^.- 

v'-^ 






THE LANDING 19 

was done under military escort, parade under colors and arms, 
and firing of musketry and cannon. ^ 

Then and there, Governor Calvert, on the 27th of March, 
1634, with appropriate ceremonies, proclaimed formal posses- 
sion of Maryland, and named its first town Saint iMary's. 
Then and there, says a distinguished historian," "landed the 
Pilgrims of Maryland, and then and there were laid the foun- 
dations of the old city of Saint Mary's and of our present 
State. ' ' 

" The landing of the Pilgrims of New England, has been 
the burden of many a story, and the theme of many an oration. 
The very- rock upon which their feet were first planted, is 
consecrated in the estimation of their descendants, and its 
relics are enshrined as objects of holy regard. They were 
freemen in search of freedom ; they found it, and transmitted 
it to their posterity. It becomes us, therefore, to tread lightlj^ 
upon their ashes. Yet, while we would avoid all invidious 
contrasts, and forget the stern spirit of the Puritan, which so 
often mistook religious intolerance for holy zeal ; we can turn 
with exultation to the Pilgrims of Maryland, as the founders 
of religious liberty in the new world. They erected the first 
altar to it on this continent ; and the fires first kindled on it 
ascended to Heaven amid the blessings of the savage." 

May the memory of the spirit and character of Mary- 
land's Pilgrim fathers be sacredly cherished and zealously 
guarded forever by their descendants. ^ 



I Bozman, 11, p. 30. 2 McMahon, p. 198. 

3 The following definitions of Indian lerms used in this chapter are 
taken from Maryland Historical Society Fub. No. 7. Potomac (Botomeg) 
a "river full of swarms of small fry — where fishes spawn in shoals." 
(Kerchival, History, Valley of Virginia, 145 and 149, says : the Potomac 
above its confluence with the Shenandoah, was called Cohongoronta. ) 
Pi.'^catowa, (Biskatowe) "one who has his hair plaited up sideways and 



20 COLONIAL MARYLAND 



backwards.'' Anacosta, (Nanakoita) "one who prepares himself for 
defence, to resist attack." Yaocomico, (A(i)ago mo-ago) "he that is 
floating on water, tossed to and fro." Susquehanocks, (Saskweonag) 
"those who live in a place where the surf is heard beating (grating) on 
the shore." Patuxent, (Portuxend) "the place where grows portu 
f tobacco)." 



4* 



CHAPTER II. 

Zbc first Capital of flDar\>lanb, 



O AINT MARY'S CITY,' the first Capital of Maryland, was 
situated on the east side of the Saint George's (now Saint 
Mary's) River, a tributary of the Potomac, about five miles 
from its mouth, and sixteen miles from Point Lookout, the 
.southern extremity of the western .shore of Maryland. 

A gentle slope from the ea.stern hills, then a spacious 
plateau of singular beauty, elevated about forty feet above the 
water, and terminating in a bold bluff between two broad 
expanses of the river, formed the site of the City. 

A crescent shaped indentation, made b}' this bluff' and a 
headland about a mile lov/er down the river, ■' gave the City a 
capacious harbor. 

The river skirted two sides of the town, afforded depth 
and .security of navigation, and adding beauty and grandeur 
to its other attractions, made the .situation of Saint Mary's one 
of surpassing loveliness. 

1 Much of the material in this chapter was incorporated in an address 
entitled The First Capital of Maryland, and delivered by the Author on 
the occa.ssion of '.he two hundredth anniver.siiry of the rv.nioval of the 
Capital of Mar3'la;id, f-om .*^t. Mary's to Annapolis, and which, to^'tlher 
with other addresses on that occassion, wits published by the Slate of 
Maryland in memorial volume entitled " Removal of the State Capital." 

2 Church Point, 3 Chancellor's Point. 



22 COLONIAL MARYLAND 

A river possessing more enchanting scenery than the 
Saint Mary's may not easily be found, and at no place along 
its banks is this displayed to greater advantage than at the site 
of old Saint Mary's. Looking from thence, either towards 
the north, where its clear and glittering waters are first seen 
winding down the blue vista of the distant hills, with its 
sloping banks, and intercepted by its long, narrow capes and 
jutting cliffs ; or towards the south, where its waters, growing 
bolder and deeper, with its high, grassy banks, upland slopes, 
abrupt declivities, white, winding beach, pebbly shore, and 
(as seen from the direction of its mouth) its interlocking 
promonitories, giving it the appearance of a series of lakes, 
rather than a stream of regular width, it presents a picture 
of rare and exquisite beauty. 

Saint Mary's City occupied the site of the Indian village 
of " Yaocomico," at which place the Maryland colony was in- 
duced to settle by the glowing description of Captain Henry 
Fleet, son of a member of the Virginia Company, whose 
familiarity with the country gave his opinion importance and 
weight and, who described it as a location, desirable alike for 
its commaiiding commercial advantages and its safety of 
defense, as well as for its temporary improvements and its 
natural i)eauty and attractiveness ; or, in his own language, 
"a spot, indeed, so charming in its situation that Europe 
itself can scarcely show one to surpass it " ; and, having first 
purchased the Indian title thereto (the details of which are 
given in the preceding chapter). Governor Calvert, on the 
27th of March, 1634, assumed formal possession, and named 
the first town of Maryland — Saint Mary's.' 

Under the instructions of Baltimore, containing the details 
and rules for the government of the colonists, they were di- 

I Relatio Itineris, p. 35. 



THE FIRST CAPITAL 23 

rected, after having selected a suitable place for their perma- 
nent settlement, ' to seate a towne ", in which they were " to 
cause streets to be marked out ' ' , and to require the buildings 
to be erected " in line " with such streets, and "neere adjoin- 
ing one to another " ; all the houses to be built in as ' ' decent 
and uniform a manner" as circumstances permitted, the land 
in the rear of the houses " to be assigned for gardens and such 
uses ' ' . The first choice of lots was to be for a " ' fitt place and 
a competent quantity of ground for a Fort ", and " within ", 
or " neere unto " this lot, a site was to be chosen for " a con- 
venient house, and a church or chappel adjacent", for the 
"seate of his Lordship, or his Governor or other Commis- 
sioners ' ' , the two latter buildings to be completed only so far 
' ' as is necessary for present use ' ' , and not ' ' in every part as 
fine as afterwards they may be " . He also directed that a plat 
of the town, its situation and surroundings, be made by the 
Surveyor General, and sent to him by the first opportunity'.^ 

The next official notice with reference to laying out of the 
town of Saint Mar\''s, is the following order, from Baltimore 
to Governor Calvert, dated Warden Castle, England, August 
29th, 1636 : 

" I would have you pass in freehold to ever)- of the first 
adventurers that shall claim or desire it, and to their heirs, 
ten acres of land within the plats assigned or to be assigned 
for the town and fields of Saint Marj^'s, for every person that 
any of said adventurers transported or brought into Maryland, 
according to their conditions first published ; and five acres of 
land to every other adventurer for every other person which 
he hath or shall transport thither since the time of the first 
plantation, until the 13th day of August, which shall be in 

I Instructions, Nov. 13, 1633. In Marj'land Historical Society. 



24 COLONIAL MARYLAND 

the year of our Lord 1638, and for so doing, this shall be your 
warrant " . ' 

In 1684, another grant of land was made to Saint Mary's, 
to be divided into lots of one acre each, and of sufficient quan- 
tity to make, with those already there, one hundred lots 
within the limits of the town. ^ 

Undisturbed for several year, either by domestic factions 
or external dissensions, Saint Mary's, for a colonial town, 
grew with considerable rapidity. Brick and other builders' 
supplies were imported, which, with the home products avail- 
able for the purpo.se, afforded, from an early period, abundant 
building material. 

While Virginia, as late as 1638, was making its laws in 
an ale house," and, indeed, in 1716, Jamestown, its first capi- 
tal, contained only "a church, Court House and four other 
buildings ", ' Saint Mary's, in a comparatively short time after 
its .settlement, had, besides the home of Lord Baltimore, a 
church, a pretentious State House, a jail and other public 
offices, and about thirty hou.ses.* Soon thereafter, it had 
.sixty houses (which number it never much exceeded),'^ pro- 
tected by two forts, Saint Mary's and Saint Inigoes, each well 
mounted with the ordnance of that da5^ 

As the place for liolding the General Assemblies, the .seat 
of the Provincial Court, and the port where all ships trading 

I Kilty, p. 33. 2 Archives (Ass. Pro. 16S4) p. 119. 

3 Streeter Papers, p. 15. 4 Lodge, p. 51. 

5 -Archives Ass. Pro. 1641 and 1676; Scharf, i, p. 294. 

Baltimore, in his report in 1677, to the committee of Trade and 
Plantation in Rnj^land, stated that the houses at St. Mary's "excepting 
my own home and the buildings wherein the Public offices are kept," 
did not exceed thirty, built at considerable distance from each other, 
and the most of them after the manner of the smaller farm houses of 
England. 

6 McMahon, p. 250. 



THE FIRST CAPITAL 25 

with the Province had first to resort, Saint Mary's soon 
became a place of importance, and, in 1668, it was by letters 
patent, incorporated and erected into a city, with privileges 
and immunities above and beyond any other place in the 
Province. Its olhcers consisted of a Mayor, Recorder, six 
Aldermen and, ten Councilmen, and among its special prerog- 
atives were those of a "Weekly Market" and an "Annual 
Fair".' 

In 1 67 1, Saint Mary's received a new accession to its pre- 
rogatives, that of sending two representatives to the General 
Assembly,^ the first being Mr. John Morecroft and the Honor- 
able Thomas Notley. ' 

It is to be regretted that no chart of the City of the Cal- 
verts was made before it had disappeared — except in name and 
in memory — from the banks of the Saint Mary's ; but from 
original surveys and grants, ancient transfers, and re-surveys, 
together with the many natural boundaries and landmarks still 
visible, the map shown in the appendix was platted. By this 
data, obtained through laborious and exhaustive research, and 
applied with painstaking care, the outlines of the City, and 
the location of its public, as well as its more prominent private 
lots and buildings, have thus been happily preserved. 

The plain upon which the City of Saint Mary's stood, 
was about a mile square, the limit prescribed by its charter, 
with a water front made extensive by the many and acute 
meanderings of the river. This plain was broken by two 
creeks making into it from the river — Saint John's and Key's 
(the latter now a small ravine) — and upon the peninsular 

1 This, the first municipal charter granted in Maryland, may be 
found in Liber F. F. p. 645, etc., in Land C^flSce, Annapoli.«. The Town 
Ordinances adopted for Saint Mary's City may be seen in Archives, 
Council Proceedings, 1685, p. 418-422. 

2 McMahon, p. 251. 3 Archives (Ass. Pro. 1671) p. 311. 



26 COLONIAL MARYLAND 

plateau which they formed and bounded on the northeast and 
southwest respectively, and which contained about one hun- 
dred acres, Avere erecfted the public buildings of the Province, 
aud it became the more thickly settled part of the town. On 
this plateau the houses, which ' ' passed through the various 
stages of architectural transition", from the log cabin to the 
substantial frame and brick building, were scattered irregu- 
y^xXy, the lots being unsymetricalty arranged, of irregular size, 
and large, none of them being less than a quarter of an acre, 
and many of them large enough for extensive grounds, and 
gardens sufficiently capacious to supply the needs of the 
household. 

It may be proper to preface a m.ore detailed account of the 
improvements at Saint Mary's, with the general statement 
that they consisted of its fort, or palisado, w^hich, though a 
rude structure compared with those of more modern date, was 
.solidly built and well enough mounted to protect the inhabi- 
tants against the warfare of that day ; its massive and dignified 
State House, with, its thick walls, tile roof, and paved floors ; 
its stout jail, witlx its iron-barred windows ; its market house, 
warehouses, and several ordinaries ; its unique brick chapel, 
the victim of the Roman Catholic persecution of later times ; 
its quaint Protestant church ; its pretentious and fortress-like 
executive mansion ; which, with its offices, private houses, .and 
shops — of varied architectural design — numberilag. it is said, 
about sixty, and scattered over the elevated, but level plain, 
studded, we are told, with primeval forest trees, constituted 
the picturesque little metropolis of early Maryland. 

In 1664, ^o ^ct was passed under which all houses there- 
after erected, had to be not less than twenty feet square, and 
two-and-a-half stories high, with brick chimneys.^ 

I Archives (Ass. Pro. 1664) p. 539. 



THE FIRST CAPITAL 27 

Of the streets which traversed the town, but two have 
been definitely located, which, with the broad river beach, 
seem to have formed the principal thoroughfares of the QhXy — 
the one running northwest and southeast from the State House 
to Saint Inigoe's Creek, and known as " Middle Street "; the 
other, northeast and southwest from "Saint Mary's Hills" 
to the southwestern extremity of the town, and known as 
' ' Mattapany Street " . ' 

The first improvement of a public character made at 
Saint Mary's (excepting the temporary buildings designed for 
storing the common supplies of provisions for the colonists), 
was "Saint Mary's Fort". It was erected in 1634, and was 
located on a small bluff, at the mouth of " Key's Creek ", or 
branch, on the north side of the creek, and immediately be- 
tween Governor Leonard Calvert's lot and the chapel laud.^ 
This location indicates that it was intended as a place of 
rendezvous and protection against Indian invasions, rather 
than as a fortification of the town against naval attacks, it 
being guarded from incursions of so formidable a character by 
" Fort Saint Inigoe's ", situated a short distance below. The 
colonists, at the time the fort was built, were in the midst of 
erecting their houses, but becoming alarmed by the war-like 
attitude of the Indians (excited b}^ the intrigues of Clayborne), 
they ceased building, and at once set to work to erect a fort 
for their better securit}^ which, it is recorded, they completed 
in about six weeks.* 



1 See grant to Mary Throughton, Liber i p. 67 ; Robert Carvile, et 
al.. Liber 20, p. 269 ; Elizabetli Raker to Cliarles Carroll, Council Book, 
H. D. No. 2, p. 150. 

2 It has been stated that it stood on the bluff on the south side of 
Key's Creek. This is an error. See patent to Leonard Calvert, Liber i; 
p. 117 ; and deed from Thomas Copley to C. Fenwick, Liber i. p. 121 ; 
see also Archives (Ass. Pro. 1638) p. 78. 

3 Relation, 1634. 



28 COLONIAL MARYLAND 

Governor Leonard Calvert described it as "a pallizado of 
one hundred and twentie yards square, with fower flankes". 
mounted with one piece of ordnance and six murderers, placed 
in parts most convenient — " a fortification sufficient, we think, 
to defend against any such weake enemies as we have reason to 
expect here",' but the Relation, 1634, says, they had "four 
nuirderers and seven pieces more to mount forthwith ' ' . 

The manner of its construction, the records have left in 
obscurity. Traditionary history, however, says, it consisted 
of a large, log block-house and magazine, protected by stock- 
ades and ramparts of earth. Intrenchments, still visible, 
indicate that this may be correct as to the earthen parapets, 
and, since the colonists were engaged, while at Saint Clement's, 
in ' ' cleaving pales for a palisado " , it is not improbable that 
the stockade was also a feature of it. That the building 
within was of considerable size, is sustained by the fact, that in 
it most of the public business of the Province was transacted, 
prior to 1638, and that the first three sessions of the General 
Assembly were held there, one of which contained ninety 
members. 

In 1638, an Act was passed for the building of a " town 
house" at Saint Mary's. Of the style and location of this 
building (if erected), nothing is known, and it is merely re- 
ferred to as illustrating the method deemed most available at 
that time, of getting whatever buildings of a public nature, 
which the colony needed. The Act provided, that "every 
housekeeper should be contributory to said building, either 
in stuff, workmanship, labor, or tobacco, in such manner 
and after such rates proportionally to each man's personal 
estate " . " 

1 Maryland Historical Society Fund Pub. No. 35, p. 21. 

2 Archives (Ass. Pro. 1638) p. 78; Bozman, p. 33. 



THE FIRST CAPITAL 

Adjoining the Fort, on the south and east, was "Saint 
Mary's Chapel yard ", while on the north and west was the 
land of Governor Leonard Calvert. ' The latter, when first v- 
laid out, was a large lot, known as " Governor's Field ", and wS 
embraced a considerable part of the little plateau before nien-px 
tioned.' - 

After the death of Governor Calvert, Margaret Brent, his 4 
excutrix, assumed to make sale of this property to Governor , 
William Stone, who occupied it as his residence while Gover- "^ 
nor of the Province ; but, in 1659, William Calvert, son and 
heir of Governor Leonard Calvert, and in England at the 
time of his father's death, through proceedings in the Provin-" 
cial Court, recovered possession of the house of his father at 
Saint Mary's.^ Subsequently the lower, or northern, part of 
this lot came into the possession of Hugh Lee, and at a later 
date it was purchased by the Province of Maryland." J^ ^'U.ii. 

Of the architecture of the Calvert House, but little is ^ 
known. In the inventory of his estate, however, it is de-^^ 
scribed as a " large frame building ' ' . and the site it occupied 
is still pointed out. This places it about one hundred yards --^ 
from the Fort, about two hundred and fifty yards from the ,:'~ 
river, and about the same distance from Middle Street, on }- _ 
which it fronted. ' 




^ 



1 Liber i, p. 119-121. 

2 The patent for this land was dated August 13, 1641. It was '^ 
bounded on the west by the River, on the north by the Bay, on the east 

bv Mill (Saint Johns) Creek to a distance of 47 perches above the Mill, 
and where Saint Peter's and the Chapel land meet and on the south by a , 
line drawn from thence to the River. Liber i, p. 121. 

-ot* 

3 See Note, Chapter II L ^ 

4 In 1707, this property was in the pos.session of George Parker, in 
right of his children, by his wife, then deceased, the daughter of GabrieL^ 
Parratt. Rent Rolls, Saint Mary's. O 



A. -1 



30 COLONIAL MARYLAND 

Lower down the plateau, on the same side of Middle 
Street, and nearly adjoining the Calvert lot on the northwest, 
was the Lee Residence before mentioned, and which embraced 
the whole of the lower end of the plateau. In 1662, this 
property was purchased by the Province, for a ' ' Government 
House " , at a cost of twelve thousand pounds of casked 
tobacco,' and was used as such until 1676, when new public 
buildings were erected. This was the first real estate ever 
owned by the Province of Maryland, and that part of the lot 
known as "Saint Mary's Bluff", became the site of its first 
State House and other public buildings. The house (in 
accordance with the custom of the times) was used also as an 
" ordinary ".^ The lessee was Lieutenant William Smith, and 
one of the conditions of the lease was, that he plant on that 
part of the lot set apart for him, three acres, " forty apple or 
pear trees".' It was known as "Smith's Town House".* 
Of this building, prominently as it was connected with the 
history of the times, nothing remains except the depression 
which marks the spot where once it stood — about three hun- 
dred yards from the river — and a few scattered, moss-covered 
bricks, the more durable fragments of its historic ruins. 

That part of the "Country's lot" which laj^ between 
Smith's Town House and Middle Street, was the residence of 
Mark Cordea. On the lot he also appears to have had a shoe 
shop. This property subsequently became the residence of 
Colonel William Digges, Secretary of the Province. Adjoin- 
ing it on the northwest, and fronting on Middle Street, was 
the residence of John Baker, and subsequentl}^ of Attorney 
General Charles Carroll. The lot contained one and a quarter 
acres, and in the house, when owned by John Baker, several 



I Archives (Ass. Pro. 1662) p. 455. 2 Ibid, 1666, p. 29. 

3 Killy, p. 220. 4 Ibid. 



777^ FIRST CAPITAL 31 

sessions of the Council were held. Near this lot, on the 
northwest, and fronting on the same street, was the "Van 
Sweringen Tavern ' ' , owned by Garrett Van Sweringen. 
Northwest of this lot, fronting on the same side of this street, 
were the I,aw Chambers, owned by Robert Carvile, Christo- 
pher Rousby, and Robert Ridgely. The lot contained one 
acre, and was granted in 1679 ; it was called "Triple Con- 
tract". Between this and the State House lot, on the same 
side of the street, were the lots of Nicholas Painter and Cap- 
tain John Quigley ; the latter, lying nearest the State House, 
being one of the taverns of the town. Each of them con- 
tained one acre. 

Bordering on the river, and running up to the three last 
mentioned lots, was the lot on which stood the Secretary's 
Office, Council Chamber, and "Saint Mary's Room". This 
was one building ; it was erected in 1664, and at a later period 
was referred to as the ' ' Old Court House " . In the Council 
Chamber the first General Assembly under the royal govern- 
ment in Maryland was prorogued in May, 1692, after which 
it repaired to the State House. Bordering on the river, also, 
and lying between the Secretary's Ofiice and Smith's Town 
House, was the home of Daniel S. Jenifer, Clerk of the Pro- 
vincial Court. The lot contained four acres, and, as directed 
by the order for the grant, was not to be " layed out soe neare 
the Ordinary House or Secretary's Office as to prejudice eyther 
the Office or the Ordinary's orchard or garden.' 



I As the authorities for the above have to be largely used conjuuc- 
tively, they are given in the following order : Archives, Pro. Ci. 1686, 
p. 531; Ibid, 16S4, p. 301; Council Book No. 2 p. 150; Archives, Pro. CI. 
1678, pp. 178, 2or, 203, 204, 205, 207; Ibid, 1692, p. 420; Liber No. 20, pp. 
260, 269; Archives, Pro. Ass. 1678, p. 32; Ibid, 1664, p. 539; Ibid, 1666, 
p. 34; Ibid, 1676, p. 482; Archives, Pro. CI. 1678, p. 174; Archives, Pro. 
Ass. 1692, p. 349; Ibid, 1666, p. 123; Resurvey of "Governor's Field", 
in 1754, now in possession of the author. 



32 COLONIAL MARYLAND 

At the end of Middle Street was the State House lot, 
called "Saint Mary's Bluff", containing about three acres, 
and which embraced the entire end of the plateau forming the 
northwestern extremit)^ of the town. The bluff, by an abrupt 
descent of about twenty feet terminates in a broad, sandy flat, 
and thence into a long point, on which stood, it is said, the 
town wharf and warehouses, the latter occupying the flat 
immediately below the bluff, and between it and the wharf. 

About ninety feet from the summit of the bluff stood the 
State House. It was a strikingly beautiful situation, and 
commanded an extensive view of the town, the river, and the 
surrounding country ; and to those approaching the City, 
either by land or water, it formed a prominent and picturesque 
feature of the landscape. 

The Act under which the State House was erected, was 
passed in 1674, and the building was completed in October, 
1676. The contractor was Captain John Quigley, and the 
contract price for it, and a jail, was 330,000 lbs. of tobacco, of 
which Saint Mary's City contributed 100,000 fts. The State 
House was forty-five feet long and fift}' feet deep. An en- 
closed two-story "porch" in front, "12 by 16 feet in the 
clear " and a corresponding wing in the rear for the stairway, 
" 16 by 16 feet in the clear ", gave it a cruciform shape. The 
main building was two-and-a-half stories high ; the porch and 
stairway wing being two stories only. It was all built of dark, 
red vitrified brick, with walls twentj^-eight inches thick to the 
' ' water table ' ' , which was tliree feet high and ' ' shelving ' ' , 
and twenty-four and nineteen inches thick in the fir.st and 
second stories, respectively, with steep roof, covered with tile, 
from the centre of which shot up an iron spire,' with ball, 



I Captain Randolph Jones, author of "The Buccaneers", and who 
died a few years .since at an advanced age, informed the author that he 



THE FIRST CAPITAL 33 

supporting near its top a vane, on which was inscribed, 
" iGyG", the date of its erection. The lower floor of the 
main building, contained at first, no divisions, and is referred 
to as " Saint Mary's Hall ". The floor of this hall was paved 
with brick ; its ceiling was twelve feet high, and entrance to 
it from the porch, was obtained through a door ten feet high 
and five feet wide. The second story contained three rooms, 
and, in 1682, the lower fl^oor was divided by a brick partition, 
into two halls for the accommodation of the Upper and Lower 
Houses of Assembly. 

The first and second stories were lighted by eight win- 
dows, with ' ' double lights and transoms ' ' , those below being 
" eight feet high and four feet wide ", and those above, " five 
feet high and two-and-a-half feet wide ' ' . The openings in 
the porch consisted of a central arch ' ' six feet wide and 
eleven feet high" (extending from the "keystone" to the 
floor), and two smaller arches on the "sides above the 
bentles ' ' , the second story having one window immediately 
over the central arch. The opposite wing contained an oak 
"half pace" stairway, that extended to the "attic", and 
which had a window upon each ' ' half pace of the stairs ' ' . 

By a singular coincidence, the State House was erected 
without chimneys, owing to a controversy over the proposition 
to allow it, in conformity with the custom of the times, to be 
used as an Ordinary, or eating-house, the opposing and pre- 
dominant faction, in order to make this impracticable, caused 

distinctly remembered this old spire, and its dismal creak and twaiig. 
It was about twelve feet high, and the hollow iron ball, which was near 
the centre of the spire, was about two feet in diameter. After the State 
House was pulled down, this ancient structure lay for some time unpro- 
tected in the Church yard, at Saint Mary's. It ultimately disappeared, 
mo.st likely by the hands of the "iron speculator", and has, probably, 
long since been "scattered by the thousand winds of trade ". O! ye 
sons of the times, where slept your vigils? 



34 COLONIAL MARYLAND 

them to be omitted altogether. In 167S, however, three out- 
side chimneys were put up : one at each gable end, and one 
at the rear of the stairwa}^ wing, and which, with a partition 
in the stairway wing, cost 20,000 tbs. of tobacco. In 1682, 
outside wooden shutters, and suitable furniture (tables and 
formes) for the building, were ordered to be purchased.^ The 
year previous, in order to avoid the expense of maintaining a 
Drummer for the convening of the Assemblies and Provincial 
Courts, a " public bell "^ was ordered for the State House. ' 

In 1688, the northwest wing was ordered to be made five 
feet deeper, and the fireplace ten feet wide in the first story, 
and eight feet wide in the second, each to be provided with a 
white oak mantle. ' 

The accompan3nng picture of the State House, at Saint 
Mary's, which the author of this work is happil)' able to here 
present, was reproduced from one in his possession, and which 
it is believed, is the only one extant, or indeed, which ever 
existed of this old memorial of colonial times, and which, at 
the time it was l^uilt, was not only the " architectural glory^ " 
of Maryland, but, perhaps, the finest specimen of architecture 
in America. The engraving was taken from a mechanical 

1 Archives (Ass. Pro, 1674.), p. 404; Ibid, 1678, pp. 27 and 32; Ibid, 
1682, pp. 299 and 300. 

2 This is probably the bell at Georgetown College, and which is 
supposed to have belonged to the little chapel at Saint Mary's. The 
State House bell is the only one of the kind, which the records mention 
as being at Saint Mary's, and the one at Georgetown, bearing the date 
of the purchase of the State House bell, leads to the conclusion that it 
is the same one. The tone of the bell is exceedingly sweet, and the 
appliances for hanging and ringing it, very curious. The handsome 
English-walnut, elliptical shaped table, known as the "Council table", 
and which stood in the Council room in the State House, is also at 
Georgetown College, where it was taken a few years ago, from Saint 
Inigoe's Manor. It is well preserved, and is an exceedingly interesting 
relic. 

3 Archives (Ass. Pro. 1681) p. 144. 4 Ibid, 1688, p. 223. 



THE FIRST CAPITAL 35 

drawing, made from actual measurements of its earth-covered 
foundation, but excavated for the purpose, and from the spec- 
ifications set out in the Act of Assembly^ authorizing the 
building to be erected, defining its dimensions, character, and 
style, and which was, in effect, the contract between the Prov- 
ince and the builder — Captain William Quigley. The iron 
spire was not a part of the original contract, and its size could 
only be approximately determined from an early written de- 
scription of it, and from data obtained from persons who dis- 
tinctly remembered it, both while it was on the building and 
after the latter was pulled down.^ This picture has never 
before been presented to the public, except that, in 1894, on the 
occasion of the celebration of the two hundredth anniversary 
of the removal of the Capital from Saint Mary's to Annapolis, 
permission was given the Baltimore Sun to print a wood cut 
of it in connection with its account of those ceremonies. 

On the ' ' State House Square ' ' , about seventy feet dis- 
tant, stood the historic "Old Mulberry" tree, under whose 
broad, spreading branches the first colonists of Maryland 
assembled, and under which, also, traditionary history says, 
the first mass at Saint Mary's was celebrated, and the treaty 
between Governor Calvert and the Yaocomico Indians was 
made. Of this venerable tree, whose mass of foliage con- 
tinued for two hundred years afterward to crown the State 
House promontory, it is further recorded, that "on it were 
nailed the proclamations of Calvert and his successors, the 
notices of punishments and fines, the inventories of debtors 
whose goods were to be sold, and all notices calling for the 
public attention. ' ' Within comparatively recent years even, 



1 Archives (Ass. Pro. 1674) p. 404. 

2 The late Doctor Alexander Jones, in Leonardtown Herald, in 1840, 
and the late Doctor John M. Brome, and Captain Randolph Jones. 



7,6 COr.ONIAL MARYLAND 

curious relic hunters were able to pick from its decaying trunk, 
the rude nails which there held the forgotten State papers of 
two centuries and more ago. ' 

This aged tree had watched ov-er the City in its infancy ; 
in its development and prosperity, and in its pride and glory, 
as the metropolis of Maryland ; it had seen it stripped of its 
prestige and its honors, and lose its importance and its rank ; 
it had witnessed its battle with adversity and its downfall and 
decline, and it had mourned the departure of nearly every 
symbol of its existence and memorial of its glory, which, 
under the winning game of time had one by one, faded and 
passed away ; and still it stood — stood as a ' ' silent sentinel of 
time, whose watchword is death " — stood " dail}^ distilling the 
dews of Heaven" upon the sacred ground around it — stood, 
sheltering the generations of men who were buried beneath its 
luxuriant shade — stood telling the story of the first Capital of 
Maryland, and marking the spot where once it was — stood 
until 1876, when, like the almost forgotten City — the compan- 
ion of its prime — its time-worn and shattered trunk laid down 
to rest. 

About fifteen feet northeast of the State House, stands 
what is called the ' ' Calvert \^ault ' ' , and which is said to con- 
tain the remains of Governor Leonard Calvert, Lady Jane 
Calvert, wife of Charles Lord Baltimore, and Cecelius Calvert, 
their oldest son,' but it is highly probable that it is the Copley 

1 Bryant, p. 504. 

2 Stanley, in Pilate and Herod, p. 16. says : " About thirty or more 
years aj(o (1823), (for I write from memory of a vestry record, and a ver- 
bal explanation or statement, made to me by a then vestryman of the 
I'arish. the late Richard Thomas, of Saint Mary's, a worthy man) some 
young men, while under the influence of liquor, broke into this vault, 
forced open a leaden coflin, and discovered the corpse of a lady, supposed 
to be Lady Ann Calvert, adorned with trinkets of gold and such a dress 
as denoted her rank." It maybe added that these young men were 



THE FIRST CAPITAL 37 

and not the Calvert vault. The tradition is certainly incorrect 
as to Lady Jane Baltimore, who died in England and was 
buried at " Saint Giles", on the 24th of January, 1701,' and 
from the fact that no allusion was made to it as the place of 
Governor Calvert's interment, or even to the existence of a 
vault, at the time the lot on which it stands was purchased 
for State purposes (fifteen years after his death), it is fair to 
assume that he, also, is not buried there. It is, however, a 
matter of record, that the first Royal Governor of Maryland, 
Lionel Copley, and Lad3' Copley, his wnfe, are both buried at 
Saint Mary's, and in a vault which was built by order of the 
State, at the State's expense, and presumably, upon the State's 
property. 

On July 27th, 1694, it having been made known " to his 
Excellency, that the bodies of the late Governor Copley and 
his Lady, deceased, lye still at the Great House ", and " con- 
fessing it was expected an order would have been received for 
carrying them by some man-of-war to England " , it was or- 
dered by the Council, " that they be interred in a vault, to be 
built for the purpose, at Saint Mary's, and that the ceremonj' 
be performed by the next Provincial Court, with all the decency 
and grandeur the Constitution and circumstances of affairs will 
admit of, and that three brass guns, being all that's to be had, 
be in readiness, and also the militia of adjoining parts " . ^ Pur- 
suant to this order, the interment took place October 5, 1694.^ 



were most probably influenced by curiosity, rather than drink, as would 
appear from the interesting letter in the Appendix, written only a few 
days after the occurrence, by one of the participants. It should also be 
noted, that Lady Ann Calvert was never in Maryland. vShe died in Lon- 
don, in 1649. 

I Genealogi-st, vol. i. 2 Cl. Pro. H. D. 2, p. 43. 3 Ibid, p. 65. 

Governor Copley left three children, two sons and one daughter. — 
Ibid, p. 98. 



38 COLONIAL MARYLAND 

On the north side of the State House lot, and on the 
declivity facing Saint John's Creek, stood the jail. It was 
erected in 1676 ; was two stories high, twenty-four feet long 
and fifteen feet wide, in the clear, with ceilings nine feet high, 
and was built of brick, with tiled roof and paved floor. It had 
three windows, each having " three iron bars upright and two 
across ' ' , into which the upright bars were wrought. ' Below 
the jail was " Gallows-green", the property of Richard May, 
Chief Clerk to the Secretary, and which, as first granted, says 
the record, extended beyond the "gallowes", and across the 
plateau as far as the " great white mulberry tree".^ This, 
however, subsequently became a part of the State House lot. 

On the northeast side of Middle Street, adjoining the 
State House lot, and extending through it to Saint John's 
Creek, was the lot on which stood the famous hostelry, known 
as " Jellie's Tavern".^ It was built of brick; was about 
thirty-five by fort^'-five feet, and was two-and-a-half stories 
high. The walls and chimneys of this building were standing 
within the recollection of a few very old people living up to a 
recent period, and its site is still pointed out, near that of the 
present rectory of Trinity Church. It was owned and operated 
by Robert Jellie, and from the following proceedings taken 
against it, by the Council, in 1686, it may be inferred that in 
its latter days, its reputation for order and sobriety became 
somewhat tarnished : 

" It is considered b}^ this Board, that the House wherein 
Robert Jellie keeps Ordinary at the City of Saint Mary's, is 
very inconvenient and prejudicial to the public, for that at the 
time of Provincial Courts, the Jury, attornej's and suitors are 
at said House often detained and disordered, * * * and said 



1 Archives (Ass. Pro. 1674) p. 406. 

2 Liber 16, p. 594, Land OflSce. 3 Re-survey, 1723. 



THE FIRST CAPITAL 39 

House being also near the State House, wherein the Public 
Offices of the Province are kept, the Clerks of said offices are 
often found to frequent said House, by which means there is 
great occasion to suspect that the public affairs of the Province 
are much impeded by reason of said Ordinary. * * * This 
Board does, therefore, represent the same as a Public grievance 
to the Mayor and Aldermen of said City, in order to have the 
same suppressed " . ^ 

In the ravine, below this tavern, was located the " Town 
Spring ' ' . 

Adjoining the tavern lot on the east, fronting on Middle 
Street, and extending through to Saint John's Creek, was the 
residence of Philip L,ynes, Mayor of Saint Mary's City at the 
time of the removal of the Capital to Annapolis,^ and adjoin- 
ing it on the east, was the traditional site of the Protestant 
Episcopal Church. It is alleged that Trinity Church, on 
Trinity (Smith's) Creek, six miles below, erected in 1642,'^ 
and probably the first Protestant church built b}' the Maryland 
colonists, was moved to Saint Marj^'s,'* and located, according 
to tradition, in the " Creek lot", close by the old graveyard, 

1 Archives (CI. Pro. ) pp. 494, 498. 

Among the tavern keepers at Saint Mary's, from time to time, may 
be mentioned, William Smith, Robert Ridgely, John Baker, Garrett Van 
Sweringen, and John Quigley, the two latter being partners. Ordinaries 
were regularly licensed, and were subject to stringent laws, both as to 
accommodations and rates. At Saint Mary's, each innkeeper was re- 
quired to have at lea.st twelve feather beds, and to provide stable room 
for at least twenty horses, and was limited to the following charges : 
Lodging in V^ed with sheets, 12 pence ; diet, i shilling per meal ; brandy, 
malaga, and .sherry, 10 shillings per gallon ; canary, 12 shillings; French, 
Renish, Dutch, and Kuglish wines, 6 shillings ; Mum, 3 shillings ; plain 
cider, 25 and boiled cider, 30 lbs. tob. per qyiart. Archives (Ass. Pro. 1666- 
1676) pp. 295, 407, 554, and Ibid, 1682, p. 429; Archives (CI. Pro. 1672) 
p. 118, and Ibid, 1692, p. 420. 

2 Re-survey, 1723 ; Scharf, i, p. 347. 

3 Allen, Who Were the Early Settlers of Maryland. 

4 Butler, p. 23. 



40 COLONIAL MARYLAND 

now crowned with cedar and holly trees. It being most prob- 
ably a wooden structure, and the State House at an early 
date having been dedicated to Protestant worship, the history 
of this little church appears to have passed away with its 
usefulness. That there was, however, a Protestant church at 
Saint Marj^'s at an early period, is clearly established,^ and of 
its architecture, it is also known that it had an ' ' arched ceil- 
ing ' ' , after the design of which the State House ceiling was 
subsequently modeled." , 

Adjoining the church lot on the east, stood the residences 
of John Llewelyn and Philip Evens. Of these houses little is 
knowui ; the records, as well as tradition, being silent, both as 
to their character and size, except that the former furnishes a 
scant notice of the home of Clerk of the Council, John I^lew- 
elyn,'* from which it may be inferred that it was a house of 
comfortable proportions. 

A little further east, and near the point where Mill Creek 
falls into Saint John's, stood the town water mill, erected in 
1635. The mill site and lot contained nine acres. It was 
built by Thomas Cornwaleys, who having completed it, pro- 
ceeded, as he said, to " build a house to put my own head in ". 
In 1723, it had ceased to be operated, and the "old dam", 
remains of which are still visible, was all that was then left of 
its ruin.' 

It is worth}- of note, that this was not only the first 
water mill set up in Maryland, but was one of the earliest in 
America, and was one of the few in the country which was 



1 See statement of Governor Seymoure, in trial of Father Brooke, 
Scharf, i, p. 369. 

2 See Extracts from William & Mary Parish Records, in Whitting- 
ham Library, by Allen. 

3 Archives (CI. Pro. 1684) p. 30S ; Re-survey, 1723. 

4 Relation, 1635 ; McSherry, p. 57 ; Re-survey, 1723. 



THE FIRST CAPITAL 41 

erected as a private enterprise, rather than by public contri- 
bution. ' 

In 1639, the Assembl}' authorized another mill to be built 
at Saint Mary's, the cost not to exceed 20,000 Ifes of tobacco, 
to be raised by general taxation." As the assessment, how- 
ever, for this mill appears not to have been made, it is highly 
probable that it was never erected. 

The records also speak of a " wind mill ' ' at Saint 
Mary's, the property of Major General Edward Gibbons, 
and purchased b}^ Lord Baltimore, in 1656, for ^100 sterling, 
and which, he directed, should be specially cared for and 
improved.^ 

Between the mill lot and Middle Street was the traditional 
site of ' ' Market Square ' ' . Under the charter, a ' ' market ' ' 
was to be held weekl)" ; the town officers also being authorized 
to hold an ' ' Annual Fair " , to which the ancient Court of 
" Piepoudrea "^ was to be an incident. 

On the south and east side of the Fort was the ' ' Chapel 
land ". It extended from Key's Creek, across the plateau to 
to the fresh of Saint John's (above tide-water, called Mill) 
Creek. The Chapel itself, stood near the intersection of 
" Middle " and " Mattapany " Streets, fronting northeast, and 

1 Improvements of this character were of slow growth at that time. 
The first water mill in Massachusetts was built in 1633, five years after 
the colony had been settled. The same year a saw mill was erected near 
London, but it was deemed a machine which would deprive the laboring 
people of employment and it was demolished. — Bozman. 

2 Bozman, p. 156. 3 Archives (Pro. CI.) p. 326. 

4 The lowest — aud at the same time the most expeditious Court of 
Justice known to the law of England, is the Court of Piepoudrea, curia 
pedis pulveri zati, so called from the dusty feet of the suitors, or accord- 
ing to .Sir Edward Coke, because justice is there done as speedily as dust 
can fall from the foot. It was held at markets so that attendants on the 
markets might have their causes heard and determined expeditiously, and 
thus lose no time by the delays of the law. Blackstone, vol. Ill, p. 31. 



42 COLONIAL MARYLAND 

on the former street. It was a brick building, and, judging 
from its foundation lines (visible until a recent period), it 
was about eighteen by thirty feet. Over the altar, was a 
carved representation of clouds, * and of the flames of Pente- 
cost.^ The exact date of its erection has not been ascertained, 
but it was prior to 1638,^ and it was undoubtedly (barring the 
little wigwam fitted up by Father White, and called by him 
the " first Chapel in Maryland ") the first church built by the 
Maryland colonists. 

It has been suggested, in proof of the harmony and con- 
cord existing between the Protestants and Roman Catholics in 
Maryland at that time, that this Chapel was built by their 
joint contributions, and used in common between them, where 
' ' each at his appropriate hour might offer up his sacrifice to 
the Most High " ' — a theory which seems to be sustained by 
the records of the times. 

That ''the Chapel' ' was the early place of worship for 
the Protestants in and around Saint Mary's City, is clearly 
established by the records in the proceedings against William 
Lewis, showing the complainants on their way to "the 
Chapel, July i.st, 1638, to procure the signatures of the 
Protestants there assembled, to their petition asking for 
protection and redress " ; ^ and also by the case against 
Doctor Thomas Gerrard, for "taking away the kej^ of the 
Chapel ' ' , and removing the books there used in Protestant 
worship.^ It is equally clear, that this Chapel was also the 

1 Bryant, p. 498. 

2 Fragments of this altar piece may still be seen at Georgetown Col- 
lege ; the altar stone, chalice, and paten are at Woodstock College. 

3 See proceedings against Lewis, 4 Day Star, p. 34. 

5 Archives (Pro. Ct. 1638) p. 35. 

6 Archives (Ass. Pro. 1642) p. 119. 



THE FIRST CAPITAL 43 

Roman Catholic place of worship during the same period. 
Apart from the fact that the church and lot belonged to the 
Jesuit Priest in charge at Saint Mary's", the Roman Catholic 
graveyard there was ' ' ye ordinary burying place in Saint 
Mary's Chapel Yard".' 

If, however, the Protestants acquired any rights to the 
use and occupation of this Chapel by reason of having con- 
tributed to the cost of its construction or otherwise, they were 
relinquished at an early date, and it became exclusively a 
Roman Catholic Church. 

In April, 1641, the Chapel lot and buildings were pur- 
chased by Governor Calvert, for the Proprietary, for ^200 
sterling. ^ Why this purchase was made, is one of the many 
mysteries and obscurities in Maryland's early history, which 
the records fail to elucidate. 

In 1683, the Proprietary, having disposed of a part of the 
Chapel land, ordered that such quantity as was deemed neces- 
sary for the ' ' Chapel and burying place at the City of Saint 
Mary's ", be supplied from some other of his Lordship's land 
lying contiguous thereto.* 



1 The Chapel lot was first surveyed for Mr. Ferdinand Poulton, a 
Jesuit Priest, officially known as Father Brock, and who was accidentally 
shot while crossing the Saint Mary's River. The patent, however, was 
obtained by Mr. Thomas Copley, a Jesuit Priest, known officially as 
Father Philip Fisher. It contained twenty five acres, and was bounded 
as follows ; "on the east by Saint Peter's ; south by Gile's Brent's land ; 
west by Key's Branch, and north by a line drawn from Key's Branch, at 
the 'Vayle', to the brook where Saint Peter's ends, being about forty- 
five perches above the Mill". — Liber i, pp. 32 and 117; Shea, pp. 38 
and 55. 

2 Will of John Loyd, 1658 ; Day Star, p. 34. 

3 Archives (Pro. CI.) pp. 136 and 143 ; Ibid, (Pro. Ct. ) pp. 217, 243, 
263, and 266. 

4 Kilty, p. 123. 



44 COLONIAL MARYLAND 

B3' the Act of 1704, to " prevent the growth of Popery in 
Maryland ", the celebration of mass in this Chapel, in common 
with other Roman Catholic churches in the Province, was 
prohibited. In September of that year, two priests, Robert 
Brooke and William Hunter, were arraigned before Governor 
Seymour, on the charge of holding service in Saint Mary's 
Chapel, contrary to law. It being, says the record, their 
' ' first offence ' ' , they were ' ' dismissed with a mere repri- 
mand ", but one, it should be said, which was singularly con- 
spicuous for its arrogant tone and intolerant spirit. By advice 
of the Council, the Governor at the same time issued an order, 
directing the sheriff of the county to lock up the ' ' Papish 
Chapel at the City of Saint Mary's" and "keep the kej' 
thereof " , " and that no person presume to make use thereof 
under any pretence whatever".' Thus, under this order, 
issued Se])tember 19th, 1704, this, the first church erected 
by the Pilgrims of Maryland, was forever closed to public 
worship. 

While the American Revolution swept away the legisla- 
tion of the times against the Roman Catholics the title to this 
property, had, in the meantime, become vested in others, and 
the ' Chapel land at Saint Mary's", where stood the first 
Church of Rome, in Maryland, was forever lost to the object 
and purpose of its dedication. The Chapel building and fur- 
niture, however, were taken to Saint Inigoe's, and the manor 
house, erected in 1705, under the auspices of Father Ashby, 
was built of the bricks taken from the old Chapel at Saint 
Mary's.' 

I Scharf, i, p. 369 ; Shea, p. 354. 

? Bishop Fenweck's Marylaqd ; Shea, p. 370, 



THE FIRST CAPITAL 45 

It is stated that further inland, in the little ravine above 
" Governor's Spring ", " the first burial ground of the colony 
was made, and where the Jesuit fathers placed the block cross 
at the head of every christian grave " . ' Be this as it may, 
certain it is, that the ' ' Chapel yard ' ' was ' ' ye ordinary bury- 
ing place " for Roman Catholics, as early as 1658" — an entirely 
different location. 

On the east side of Mattapany Street, and near the head 
of "Governor's Run", stood what was probably the most 
pretentious residence at Saint Mary's. It was called the 
" Governor's Castle ". The lot on which it stood was granted 
in 1638, to Thomas Cornwaleys, and was called "Saint 
Peter", The situation, while not as picturesque perhaps, as 
some others, was nevertheless, an attractive one. The house 
fronted the west, and commanded a pleasing view of both the 
land and water The records speak of this house as early as 
1639,^ and in 1640, its substantial character and superior style 
of architecture were deemed worthy of special note. ' 

In 1664, it was owned by Philip Calvert, and later bj- 
Lord Baltimore,'^ by whom it was probably embellished, if 
not enlarged. Even within the present century, the walls, 
chimneys, and tiled cellar floor of this early colonial mansion, 
were still partly standing, and the site, covered with frag- 
ments of brick and tile, is still clearly discernible. 

It was built of dark red brick, ornamented with black, 
was square in general shape (about forty feet each way), 
was two stories high, with arched brick porch in front, and 
two large chimneys, which were near the centre of the build- 

I Bryant, p. 505. 2 Will, John Loyd, 1658 ; Day Star, 34. 

3 Liber i, p. 67. 4 Bryant, p. 505, 

5 Rent Rolls. 



46 COLONIAL MARYLAND 

ing. A cellar, which extended under the whole structure, 
was paved with square tile. A massive and high brick wall 
enclosed the building and court,' which, while adding doubt- 
less to its imposing appearance, must have given to it much 
the aspect of a fortification. 

An eminent Maryland author, ^ in 1838, from details fur- 
nished by living witnesses of a time when this building and 
its surroundings, while not, perhaps, in their pristine glory, 
were still standing, wrote the following description of them : 
"A massive building, of dark brick, two .stories in height, 
and penetrated by narrow windows looking forth, be3'ond the 
fort, upon the river, constituted the chief member or main 
body of the mansion. This was capped by a wooden balus- 
traded parapet, terminating, at each extremity, in a scroll, 
and in the middle, sustaining an entablature that rose to a 
summit on which was mounted a weathercock. From this cen- 
tral structure, right and left, a series of arcades and corridors 
served to bring into line a range of subordinate buildings. * * 
In the rear of the buildings, a circular sweep of wall and pall- 
ing reached as far as a group of stables and sheds. Vanward, 
the same kind of enclosures, more ornate in their fashion, shut 
in a grassy court. * * * Ancient trees shaded the whole mass 
of dwelling-house, court and stables, and gave to the place 
both a lordly and comfortable aspect. It was a pleasant 
groupe of roof and bower, of spire and tree to look upon from 
* * * the fair villiage — cit}-, .studding the level plain with its 
scattered dwellings. ' ' 

This building may have been occupied by Charles, Lord 
Baltimore during the latter years of his residence in Mary- 
land, but it does not appear to have been the "executive 

I Bryant, p. 505. 2 Kennedy, Rob of the Bowl. 



THE FIRST CAPITAL 47 

mansion" of the Province, until the establishment of the 
Royal Goverment in Marj-land, when it was used as such by 
Sir Lionel Copley, the first Royal Governor,' and his suc- 
cessors, and when it was probably given the name, by which 
it was afterwards known, " Governor's Castle ". 

About twenty yards below the house was a spring, which 
is still known as "Governor's Spring", and noted for its 
abundant flow of pure, clear water. 

On the opposite side of the ravine from the " Governor's 
Castle ", was the Through ton house, said to have been one of 
the finest private residences at Saint Mar5^'s. The lot was 
granted in 1639, ■* and was improved by a capacious brick 
building, one-and-a-half stories high, with steep roof and dor- 
mer windows. This house was occupied by the Mackalls, and 
later by the Bromes, until the early part of the present cen- 
tury, when it was destroyed by fire. The chimneys and 
gables of the building now there are said to be constructed of 
material saved from the ruin of its predecessor. 

Adjoining Mrs. Mary Throughton's lot, on the east, was 
"Courtney's Fancy", the residence of Thomas Courtney, 
while still further inland were "Saint Mary's Hills", and 
" Paris and Galloway", owned respectively, by Major Nich- 
olas Sewall, and Attorney General Robert Carvile.^ 

On the opposite, or northerly, side of Matapany Street, 
and about two hundred and fifty yards from its intersection 
with Mill Creek, was " Saint Barberry ", the home of Attor- 
ney General Robert Carvile, and subsequently of his daughter, 
Mrs. Cecelius Butler.* 

Adjoining "Saint Barberry " on the north, was the resi- 
dence of John Lewger, the first Secretary of the Province. It 

I Archives (Pro. CI. 1692) p. 382. 2 Liber i, p. 67. 

3 Rent Rolls. 4 Resurvey, 1723, 



4S COLONIAL MARYLAND 

was called "Saint John", and stood on the blnff formed by 
the union of Saint John's Creek with Saint Mary's Bay — a 
commanding and singularly beautiful situation. The warrant 
for " Saint John " was issued in 1637, and the patent in 1639. 
As early as the nth of February, 1638, the records speak of 
" our Secretary's house at Saint John", and on the 25th of 
the same month, the General Assembly adjourned at Fort 
Saint Mary's to meet at the "mansion house" there,"' which 
from that time, continued to be the place at which most 
of the public business of the Province was transacted, until 
the "Government House", heretofore mentioned, was pur- 
chased. 

When Mr. L,ewger returned to England, "Saint John" 
was sold to Richard Bennett. In 1650, John Lewger, Jr., 
who remained in Maryland, and who, in 1648, when but 
twenty years of age, was Clerk of the Assembly, secured the 
historic home of his father, at Saint Mar3'''s.^ It was subse- 
quently sold to Lord Baltimore, who ordered a large area of 
adjacent land, l3'ing within and beyond the limits of Saint 
Mary's, to be added to it, the whole to be erected into a 
manor, and to be granted to his son, Charles Calvert," then 
Governor of the Province. ' ' Saint John ' ' was the home of 
Charles, Lord Baltimore, for about twenty years, and for a 
period quite as long, nearly all of the meetings of the Council 
of State were held there".' In 1684, when he visited Eng- 
land, destined never to return to Maryland, the "mansion 
house, orchard, and garden" were put in charge of William 
Smith, of Saint Mary's.' 

1 Archives (Ass. Pro. 1638) pp. 28 and 32. 

2 Archives (Pro. Ct. 1650) pp. 66 and 70 ; Neil's Maryland, p. 72. 

3 Kilty, p. 95. 4 Archives (Pro. CI. 1662-1684). 
5 Kilty, p. 220. 



THE FIRST CAPITAL 49 

Of this building, no traces are left to indicate its style or 
character, except the still visible outlines of its cellar, and the 
broken brick and tile which are commingled with the soil 
around it. But repeated instances are furnished in which 
Baltimore, during the sessions of the Assembly and Courts, 
entertained there, for weeks at a time, a large number of per- 
sons,' from which it ma}^ be inferred, that it was, at least, a 
building of no inconsiderable propartions. 

The residence of Speaker of the House, Kenelm Chesel- 
dine, was called " East Saint Mary's ". The house stood on 
the north side of Chancellor's Creek, on a site now crowned 
with trees and remnants of its ruin, and a little southeast of 
the present dwelling on the property, which still bears its 
original name. This building, which was standing less than 
fifty years ago, was about thirty by thirty-five feet, was built 
of brick, and was one-and-a-half stories high, with steep roof 
and sharp dormer windows. "East Saint Mary's", was in 
1639,^ patented to Nathaniel Pope.' It was subsequently 
owned by Lord Baltimore, and later by Kenelm Cheseldine, 
for several years Speaker of the Lower House of Assembly. 
During the greater part of the time it was owned b}- Baltimore, 
it was, by order of the Council, constituted the place of gen- 
eral rendezvous for the militia, and was the " Port of Entry " 
for Saint Mary's City.^ " East Saint Mary's " is also historic 
as the place at which the sessions of 1669 and 1671, of the 
General Assembly were held.* 



1 As an illustration see Archives (Ass. Pro. 1674) p. 432. 

2 Liber i, p. 54. 

3 His daughter, Ann, married Colonel John Washington, the great- 
grandfather of General Washington. — William & Mary Quarterly, 1893. 

4 Archives (2 Pro. CI.) pp. 23, 31, and 93. 

5 Archives (2 Ass. Pro.) pp. 156 and 239. 



50 COLONIAL MARYLAND 

"The residence of Deputy Governor Giles Brent/ stood 
on the cliff on the south side of " Key's Branch ". The lot 
was patented to him in 1639, and fronted eighty perches on 
the river. It was beautifully situated and was called the 
' * White House " . ' 

Adjoining this lot on the south, was "Brent's Forge"* 
while still further south was the residence of Mistress Mar- 
garet and Mary Brent. The latter lot was patented in 1639,* 
and was called ' ' Sisters' Freehold " . * 

1 Giles Brent carae to Maryland in 1639 ; was appointed Treasurer, 
and during the visit of Governor Calvert to England, in 1643, was com- 
missioned Deputy Governor of the Province. He was the sou of Richard 
Brent, of Gloucester, England. He had a brother, Fulk Brent, and sis- 
ters Margaret, Mary, Catherine, Elizabeth, Eleanor, Jane, and Ann. Of 
these, Mary and Margaret, and his brother Fulk, came to Maryland with 
him. It was this Mistress Margaret who was such a prominent figure in 
early ^Maryland historj'. She was the executrix of Governor Leonard 
Calvert, and represented Lord Baltimore in various important matters of 
State, in all of which she displayed marked talent, courage, and ability. 
She enjoys the distinction of having been the first woman in America 
(and, perhaps, in the world, if we except the ingenious Portia, of dra- 
matic fame), who exerci.sed the rights of an attorney at law. The records 
furnish repeated instances in which she appeared before the Courts in 
that capacity. She was also a strong — and perhaps, the earliest — advo- 
cate of woman's suffrage, having demanded, not only a seat in the Gen- 
eral .Assembly of Maryland, but a vote therein, both in her individual 
capacity, and as the representative of the estate of Governor Leonard 
Calvert. Two votes to one woman, however, was more than even the 
gallantry of the sous of early Maryland could accord. Could the wife of 
Governor Leonard Calvert — whose identity is still shrouded in obscurity 
— have been one of the sisters of this notable woman ? If so, it would 
account for the high ofiices bestowed by him upon Colonel Giles Brent, 
and the close bond of intimacy and apparent relationship which existed 
between them. 

2 Kilty, p. 71; Rent Rolls. 3 Kilty, p. 71. 
4 Liber 1, p. 32. 5 Deed, E. Clocker, to J. Milburn, 1756. 



THE FIRST CAPITAL 51 

Adjacent to this property on the south, was the residence 
of Governor Thomas Green. ^ It was patented in 1639, and 
was called, at first, "Green's Rest",^ and later, "Saint 
Ann ' ' . 

All of these houses stood near the river, and were located 
in what is now known as the ' ' Rectory Field ' ' . The site of 
each, as well as the graded slope from the houses to the river, 
can still clearly be seen. 

The house of Governor Green — a two-story frame build- 
ing, with brick gables, was occupied as late as 1820,^ and its 
brick chimneys were standing within the recollection of many 
persons still living. 

In the same general localit3^ but further inland, and 
bordering on Saint Andrew's Creek and Saint Inigoe's Creek, 
were, "Town Land", the residence of Robert Clark, Sur- 
veyor General ;* " Lewis' Neck ", the residence of Lieutenant 
William Lewis, subsequently of Daniel Clocker ; ' " Van Swer- 
ingen Point ", the residence of Garrett Van Sweringen, subse- 
quently of Clerk of Council, Robert Ridgely •,^ " Saint Peter's 
Key ", the residence of John Harris, subsequently of William 



1 It is said by Browning that Thomas Green married Elizabeth a 
sister of Governor Leonard Calvert. He had sons named Leonard, 
Francis, Thomas, and Robert. — Davis, p. 182. 

2 Liber i, p 42 ; Rent Rolls; Archives {2 Pro. Ct.) p. 337. 

3 By the father of the late Doctor John Mackall Brome. To Doctor 
Brome, a most estimable man, and his venerable mother, both now 
deceased, whose residence at Saint Mary's had, togetlier, covered nearly 
a century of time, and, consequently, had seen much of the old City 
before it crumbled to ruin, the author is indebted for much valuable 
information and data, which could otherwise only have been secured, if 
at all, at the expense of enormous research and labor. 

4 Kilty. 5 Ibid ; Will of Benjamin Clocker. 
6 Patent, Land Office ; Resurvey, 17 10. 



55 COLONIAL MARYLAND 

Goldsmith ;' and " Cross Neck ", the residence of Elizabeth 
Baker, who devised it, in 1701, to William and Mary (P. E.) 
Parish.' 

About midway between Robert Clark's and the intersec- 
tion of Middle and Mattapany Streets, and near the latter 
street, was one of the principal taverns of the City, in the 
latter part of its history. It was owned by Garrett Van Swer- 
ingen, in 1671, but was shortly afterward destroyed by fire. 
It was rebuilt, however, and in 1698 was known as "The 
Coffee House ". He also owned, in 1698, the house at Saint 
Mary's called " The Council Room ".* 

South of Saint Andrew's Creek, and en the promontory 
which formed the southern arm of Saint Mary's Harbor, was 
the house of Chancellor Philip Calvert. It Avas known as 
" the Chancellor's Point " ' — the name it still retains. It was 
a sing-ularly commanding and beautiful situation, but nothing 
remains, save the name and a few fragments of its ruin, to 
mark the spot where once slood the historic home of Mary- 
land's first Chancellor. 

Adjoining " Chancellor's Point " on the east, and border- 
ing on Saint Inigoe's Creek, were "docker's Fancy" and 
"Justice's Freehold", the residences respectively, of Daniel 
Clocker and William Deakins.* 

Still further down the peninsula, was the Walstenholme 
residence. This place is familiarl)' known as the htmie of the 
" Collector", a position with which it was associated as late 
as the American Revolution — Daniel W'alstenholme, its owner, 

1 Patent, Land Office ; Rent Rolls. 

2 Archives (Pro. CI. 1692) pp. 395 and 420; Resurvey, 1750; will of 
Elizabeth Baker. 

3 Archives (Pro. CI. 1692) p. 420; will. Liber P. C. III. 

4 Patent. 5 Deed, Elizabeth Clocker to John Milburn, 1756. 



THE FIRST CAPITAL 53 

and son of his predecessor in that office — being, until 1776, 
Collector of the Potomac District,^ The house, a capacious 
frame building, with brick gables (and until recent years, 
double-roofed and triangularly-capped dormer windows), and 
finished with handsomely carved woodwork ornamenting both 
ceilings and side walls, is still in good preservation. It stands 
to-day, the only monument of its time, and furnishes a hand- 
some and interesting specimen of the style of architecture and 
interior ernbe lishment of that day. It occupies the summit 
of the high, bold bluff at the juncture of Saint Inigoe's Creek 
with the river, and commands an extensive and picturesque 
view of both land and water, embracing in its sweep. Saint 
George's Island, the broad Potomac, and the dim, mountain- 
like lines of the distant Virginia shore. It is now the man- 
sion house of the beautiful estate called " Rose Cr^ft ".^ 



1 This house, it is said by persons in position to know, retains its 
original style of architecture, except, that about thirty years ago its pre- 
cipitous roof and triangularly-capped dormer windows were removed, 
and the present roof substituted. It is also worthy of note that this 
house is frequently referred to as the home of "Anthony Warden, Col- 
lector''. No such person ever lived at Saint Mary's, or ever was the 
Proprietory Collector in Maryland. The name was first introduced in 
Maryland literature, by Keunedy, in his interesting legend of Saint 
Inigoe's, ' Rob, of the Bowl ", which, while an historical novel of great 
value, introduces its characters through fictitious names. 

2 Journal and Correspondence, Council of Safely, July, 1776; deed, 
John Mackall to A. Livers Lee, 1810. 



20 feet 



12 1-2 feet 



12 1-2 feet 



12 1-2 feet 



12 1-2 feet 



20 feet 



FOUNDATION LINES 
OF MARYLAND'S FIRST STATE HOUSE 



CHAPTER III. 

Zbc ifirst Capital of flDar^lanb^ 



rnHE first General Assembly held in Maryland, met at Saint 
1 Mary's, on the 26th of February, 1635. The Acts of 
this session, Baltimore refused to approve, because, as 
he claimed, the right to originate laws resided, under the 
charter, exclusively in himself ; the power of the Assembly 
being limited to assent and dissent to such as he propounded. 
The freemen of Maryland, convinced that they possessed equal 
and co-ordinate rights, in matters of legislation, with the 
Proprietary, with the courage of their conviction, vindicated 
their position, by rejecting, at the next session of the Assem- 
bly, the whole body of bills drafted and submitted by him for 
their adoption, and enacted in their stead, a code which emi- 
nated from themselves, though substantiall}^ the same as the 
one that he had propounded. After this, the right of the 
Assembly to initiate legislation was not contested, and the 
right of the Proprietary was, in practice, limited to his veto. 
This right he always retained the privilege of exercising per- 
sonally, and, while the Governor of the Province was invested 
with the power of assenting to or rejecting laws passed by the 
Assembly, his assent only gave them efficacy until the Pro- 
prietary's dissent was declared.^ 

I McMahon, p. 145; Brown, pp. 35 and 44; Johnson's Foundation of 
Maryland. 



56 COLONIAL MARYLAND 

The freemen successful in their opposition to what they 
deemed an encroachment upon their charter rights, thus 
planted in Maryland, at the session of 1637, that germ of 
liberty which underlies the right of free self government. 

The Legislature consisted at first of one branch, and until 
1639, was composed of the Council and all the freemen in the 
Province, either in person or by proxy, convened by procla- 
mation and summons, with the Governor as its President. In 
1639, burgesses were elected from every hundred, who with 
the Governor and Council, composed the House of Assembly. 
With this change from a primary to a representative Assem- 
bly, two curious anomalies still existed — the one conceding to 
the Governor the right to summons additional members at 
will ; the other, the right of every freeman who failed to vote 
for the burgess elected, to claim representation in person. 

In 1650, the organization of an Upper and a Lower House 
of Assembly was established ; the Governor, Council, and 
those summoned by special writ, constituting the Upper 
House, and the burgesses elected, the Lower House. The 
number of delegates to be elected was within the Governor's 
discretion, and was regulated by the proclamation for the 
election, usually from tWv) to four from each hundred (subse- 
quently, each county), until 1681, when the number was 
uniformly fixed, and reduced to two, which continued until 
1692, when it was, for the first time, regulated by Act of 
Assembly, and when the number was increased to four from 
every county — a basis of representation which continued until 
the Revolution. ' 

It should here be said that the legislation enacted at 
the little Capital of Saint Mary's, during the sixty-one years 
in which it was the seat of Government, forms, to a great 

I McMahon, p. 147; Brown, p. 43; Doyle, p. 291; Scharf, 2, p. 282. 



THE FIRST CAPITAL 57 

extent, the foundation and outlines of the present legal, civil, 
and social structures of Maryland, and of some of its most 
cherished institutions. 

It was then and there, that the great struggle for popular 
sovereignty, between the bold and courageous yeomanry of 
Maryland and the L,ord Proprietary was inaugurated, and 
which resulted in setting upon a firm foundation, that prin- 
ciple, which formed the basis of Maryland's early system 
of free self-government, and which, " in process of time, and 
course of events", developed into a reality, the sublime doc- 
trine of constitutional liberty. 

It was also, by the legislation then and there enacted, 
that the famous "Toleration Act", giving legal sanction to 
liberty of conscience, which shed such brilliant renown upon 
the legislative annals of Maryland, won for it the name of the 
' ' Land of the Sanctuary ' ' , and which extended to all who 
believed in Jesus Christ, whatever their form of worship, 
"shelter, protection, and repose", became engrafted by law 
upon its government. 

Though religious toleration had existed, in practice, in 
Maryland, from its earliest settlement, it had never been made 
the subject of legislative enactment, and to the General 
Assembly, of 1649, does this, "the proudest memorial" of 
Maryland's colonial history, belong. " Higher than all titles 
and badges of honor, and more exalted than royal nobility ", 
is the imperishable distinction which the passage of this broad 
and liberal Act won for Maryland, and for the members of 
that never-to-be-forgotten session, and sacred, forever, be the 
hallowed spot which gave it birth ! ' 

I In a recent publication, "Religion Under the Barons of Baltimore", 
the author indulges in lengthy and ingenious arguments in an endeavor 
to show that religious toleration had no existence in Maryland, under 
the Barons of Baltimore, and that the claims made by Maryland and 



D 



58 COLONIAL MARYLAND 

But, besides being the historic battle field of Marj-land's 
early struggle for political freedom, and the scene of its first 
legislative confirmation of religious peace, Saint Mary's pre- 
sents in its history, as the capital and metropolis of the Prov- 
ince, all "the glowing incidents and martial virtues" which 
characterized and gave inspiration to that eventful and heroic 
period — the period in Maryland history which has truly been 
stided, " the golden age of its colonial existence " ; the period 
in which the foundation of its government was being broadly 
and deeph^ laid ; the period of its great political turmoils and 
religious agitations ; the period in which were the defiant 
spirit and persistent rebellion of Clayborne ; the artful sedition 



some historians, that it had, is " uiihistorical and apochryphal ", and 
based upon, what at best, is only a "legendary tale". For more than 
two centuries and a half, Maryland has enjoyed her unique position in 
the matter of early religious toleration. It is the keystone of the great 
archway in her history, as it was the keynote of her earliest code, and is 
too firmly set to be easily shaken. Whether for religious, prudential, or 
commercial reasons, the fact remains — and it is one than which none 
other in Maryland history is more incontestably established — that relig- 
ious toleration, and in a broad sense for that day, had practical existence 
in Maryland, from the date of its settlement, and that it continued 
throughout the successive administrations of Cecilius and Charles Lord 
Baltimore, except when the government was in the hands of Cromwell's 
Commissioners and the Puritan element, from 1652 to 1657 ; and except, 
also, when it was under the jurisdiction of the English Crown, from 1692 
to 1 715. Injustice to none, and christian toleration and charity to all 
who believed in Jesus Christ, was a cardinal rule established by Cecilius, 
continued by Charles, Lord Baltimore, and which those in authority under 
them rigorously enforced. This is abundantly proven by the instruc- 
tions sent out with the colonists in 1634, which provided that all Protes- 
tants should be treated " with as much mildness and favor as justice will 
permit"', and that all Roman Catholics abstain from public "discourse 
concerning matters of religion ", as well as that their religious duties be 
■'done as privately as may be"; by the proceedings against Lieutenant 
William Lewis, a Roman Catholic, who, in 1638, on the complaint 
that he would not allow the Protestant servants under him to read a 
certain book of sermons, and that he had spoken disrespectfully of the 
ministers of their church, was arraigned, convicted, and fined 500 lbs. of 



THE FIRST CAPITAL 59 

and destructive warfare of Ingle ; the reflex action upon 
Maryland of England's parliamentary disturbances, resulting 
in the usurpation of the Proprietary rights ; the turbulence 
and ascendancy of the Puritan, whose reign was so conspicuous 
for its political proscription of those whr; hospitably received 
and generously treated them when outcast and homeless, and 
of sectarian persecution of those who did not worship at the 
altar of their shrine ; the repeated efforts of the Proprietary to 
reduce them to subjection, beginning with the memorable 
battle upon the Severn, and ending only with the turn of 
affairs in England which took from them their moral support ; 
the rise and fall of the intriguing and ambitious Kendall, the 



tobacco, and placed under bond for his future good behavior in that re- 
spect ; by the proclamation, issued before 1638, for the suppression of all 
" disputes tending to the opening of a faction in religion " ; by the case 
against Doctor Thomas Gerrard, also a Roman Catholic, who, in 1642, on 
complaint of the Protestants against him for interfering with their wor- 
ship, was, upon conviction, fined 500 lbs. of tobacco, to be given for the 
support of the first Protestant minister that should arrive in the Prov- 
ince ; by the oath to be administered to the newly-appointed Protestant 
Governor, Stone, in 1648, which provided that he would "not directly 
or indirectly trouble, molest, or discountenance any person, whatsoever, 
in the Province, professing to believe in Jesus Christ, and in particular, 
no Roman Catholic, for or in respect to his religion, or in his free exercise 
thereof within the said Province" ; by the "Toleration Act", of 1649, 
giving to the code, already existing in practice, legislative confirmation, 
which if not drafted by the Proprietary, certainly received his approval 
and sanction; by the "Protestant Declaration", of 1650, signed by 
Governor William Stone— whose churchmauship and veracity are not in 
doubt— and by a large number of the leading Protestants of the Prov- 
ince, in which it was distinctly stated, "that according to an Act of 
Assembly here, and several other strict injunctions and declarations by 
his sayd Lordship for that purpose made and provided, we doe heere 
enjoy all fitting and convenient freedom and liberty in the exercise of our 
religion under his Lordship's government and interest, and that none of 
us are in any wayes troubled or molested, for or by reason thereof, 
within his Lordship's sayd Province" ; and by the case against the Rev. 
Francis Fitzherbert, who, while acquitted upon the charge of threatening 
excommunication of a member of his church unless he compelled his 



6o COLONIAL MARYLAND 

Cromwell of Marj^land ; the introduction of the printing press, 
that emblem of liberty which was not found in any other 
American colony ; the embroiling designs and the insurrection 
of the apostate, Coade ; the Protestant revolutional, in 1689 ; 
the fall of the Proprietary government ; the administration of 
affairs by the representatives of the Crown, and the establish- 
ment of the Church of England, by law, in the Province — 
all pass in review, and stand in "characteristic light and 
shade ' ' ^ upon its historic panorama. 



Protestant wife and children to attend the Roman Catholic Church, was 
promptly arraigned and tried. Other concrete examples could be cited 
to show that religious liberty in early Maryland was not a fancy, but a 
condition — not a theory, but a fact. The above, however, are surely 
sufficient to give the liberality of her religious spirit its proper place — 
that of a fundamental principal underlying the Baltimore polity and the 
Maryland government — and to demonstrate that it was zealously guarded 
and practicallj' maintained. But while Maryland is entitled to the 
credit, and enjoys the honor of having first unfurled and firmly planted 
on her ramparts, the banner of religious liberty in the New World, her 
" Toleration Act ", of 1649. was not the first legislative enactment on that 
subject. In 1645, a Toleration Act was introduced in the Assembly at 
I Plymouth Rock, but it did not pass. In 1647, however, Roger Williams 
I and his small band of followers, who were independents and non-con- 
;' formists in the broadest ."^ense, and who, unable to adapt themselves to 
the rigidly organized government of Massachusetts, and determined to 
live only "with those of a like way of thinking", had settled the Provi- 
dence Plantation of Rhode Island. There, after much internal strife 
and dissension — inevitable among extremists — and several ineffectual 
efforts to establish a government, they at length succeeded in forming 
a structure, which, while of short duration, was yet long enough to 
have engrafted in its code, the enactment that, " all men may walk as 
their consciences persuade them, everj^ one in the name of his God ; and 
let the saints of the Most High walk in this colony without molesta- 
tion". — For this Note, see "Baltimore's Instructions", 1633, in Mary- 
land Historical Society and " Makers of America ", p. 46 ; Archives (Pro. 
Ct. 1638) p. 35; Ibid, p. 38; Ibid (Ass. Pro. 1642) p. 119; Ibid (CI. Pro. 
1648) p. 209; Ibid (Ass. Pro. 1649) p. 244; Bozman, 11, p. 72 ; Day Star, 
pp. 35-66; Moore's "Lives of the Governors of New Plj-mouth and 
Massachusetts Bay" ; Pro. ist. Gen. Ass. of Providence, 1647, p. 50. 
I The Buccaneers. 



THE FIRST CAPITAL 6i 

The year 1644 is conspicuous in the annals of Saint 
Mary's, as the beginning of a series of dissensions in Mary- 
land, in which the Provincial Capital was the theatre of 
action, and which, with slight interruptions, continued to dis- 
turb the peace of the Province for about sixteen years. In 
November of that year, Richard Ingle, who had shortly before 
been arrested at Saint Mary's, for "treason", and had es- 
caped, filled with revenge and burning for retaliation, entered 
the Saint Mary's River in command of the armed ship Refor- 
mation. Finding much disturbance and divided sympathy in 
the colony, over the contest then pending in England, between 
the King and Parliament, he met with but little difficulty in 
exciting the disaffected to rebellion. This accompli.shed, he 
invaded and seized the City, mutilated the records, pillaged 
public and private property,^ and drove Governor Calvert to 
Virginia. Calvert, however, after much delay, gathered there 
all available forces, and, pledging his own and Baltimore's 
estates to pay them, crossed the Potomac, and after a short 
and bloodless contest, regained the Provincial Capital.'' 

But he did not long enjoy the fruits of his victory. On 
9th of June, 1647, and at the early age of forty, ^ he died at 
Saint Mary's, where his remains, it is said, still repose under 
its revered and holy soil. 

1 The case of Captain Thomas Cornwaleys, illustrates the rapacity 
of Ingle's rule at vSaint Mary's, and the extent to which private property 
was pillaged. After Ingle's return to England, Cornwaleys sued him 
there to recover ;^3000 damages, and alleged in his declaration, that he 
had a comfortable dwelling-house, furnished with plate, brass, pewter, 
bedding, and linen hangings; his plantation, also, being well stocked 
with horses, cattle, swine, sheep and goats; and that Ingle took posses- 
sion of his mansion, burned his fences, killed his swine, carried off his 
horses and cattle, wrenched off the locks of his doors, and otherwise 
greatly damaged his property. — Scharf, vol. i, p. 149. 

2 Bozman, p. 290; Brown, p. 60; Scharf, i, p. 149. 

3 Neil, p. 60. 



62 COLONIAL MARYLAND 

"^ Of the life and character of Iveonard Calvert, historians 
have said but little. While there is no desire to detract 
from the unfading lustre which they have accorded to the 
Proprietaries of Maryland, truth and justice alike, demand 
that of the pioneer Governor of the Province, and the 
founder of Saint Mary's, it should here be said, that he, 
who left his native land to lead the pilgrim colonists to 
Maryland ; he who faced the perils and dangers, and stood 
the heat and fire of storm and battle, which so often dark- 
ened its early colonial days ; he who first proclaimed and 
laid in practice those fundamental principles which underlie 
the priceless boon of liberty of conscience ; he, who, with 
untiring energy, fidelity, and zeal, devoted the best years of 
his life to the development and glory of Maryland, and to the 
prosperity and happiness of its citizens ; he, whose undaunted 
courage, wise and liberal statesmanship, and mild and gentle 
governmeut, are so closely associated with the foundation, 
earl}' growth, and permanent establishment of Maryland, 
should stand upon the pages of histor}- no less distinguished 
and renowned, as long as valiant service to early Maryland 
has an admirer, or civil and relig-ious liberty a friend. 

From the fact that the records of the Province, prior to 
his death, make no mention of wife or children, and that his 
brief, nuncupative will did not refer to them. Governor Cal- 
vert has passed into history as having died a bachelor, but 
recent investigation proves this to be an error, and that he 
was not only married, but left children.' 

I In Pro. Court Records, 1658-62, p. 459, etc., may be found the pro- 
ceedings in the suit of the Lord Proprietarj', guardian of William Cal- 
vert (then in England), son and heir at law of Governor Leonard Salvert, 
vs. Thomas Stone, son, and Valinda Stone, widow of Governor William 
Stone, for the recovery of Governor Calvert's house and lot, at Saini 
Mary's, and which Stone, in 1650. had purchased of Margaret Brent, 
executrix of Governor Calvert, under the supposition that she had the 



THE FIRST CAPITAL 63 

In 1652, the Commissioners of the English Parliament, 
arrived at Saint Mary's, deposed Governor William Stone, 
who had been appointed Governor of the Province in 1648, 
and named a Board of Councilors, for the government of 
Maryland, of whom Robert Brooke, of De I^a Brooke, was 
President, and, as such, acting Governor of the Province. 
On the dissolution of Parliament, however. Stone, in 1654, 
proclaimed Cromwell ' ' lyord Protector ' ' , and reorganized the 
Proprietary government. This excited the violent opposition 



power to convey it. — Archives \Vxo. Ct. 1650) pp. 106 and 172. The ver- 
dict was for ihe " plainlifif for the laud and costes" — thus establishing 
the fact of both marriage and issue. William Calvert came to Maryland 
about 1662, where he held many positions of distinction, among them 
Judge of the Testamentary Court, member of the Council, with rank 
directly after the Chancellor and Secretary of the Province. He was 
drowned in 1682. — Archives (Pro. CI. 1682) p. 366. His widow. Madam 
Elizabeth Calvert, was living in 1692. — Ibid, 1692, p. 492. She was the 
daugter of Governor William Stone, and Valinda, his wife, the sister of 
Thomas Sprigg, of Northampton, Prince George's County. William 
Calvert left sons Charles, George, and Richard, and daughter, Elizabeth 
who married, in 1681, James Neale, Jr., and left daughter, Mary, born 
in 1683, and who married first Charles Egerton (ancestory of the Eger- 
tons of " Piney Neck "), and second, Garrett Van Sweringen. — See case 
Daniel Dulauey vs. Charles Calvert, et al., in High Court of Chancery 
of Maryland, August, 1720; wills, Charles Egerton, 1698, and James 
Egerton, 1765, Saint Mary's County. Governor Leonard Calvert also 
left a daughter Ann, who came to Maryland in 1663. In September of 
that year. Governor Charles Calvert wrote Lord Baltimore as follows : 
" Att the same time, my cousin William's vSister arrived here and is now 
at my house and has the care of my household affairs. As yett noe good 
match does present, but I hope in a short time she may find one to her 
own content and yr. Lspp's de-sire ". — Calvert Papers, vol. i, p. 224. She 
married, about 1664, Baker Brooke, of De La Brooke, member of the 
Council and Surveyor General of the Province. Through this marriage 
she was the ancestress of Monica Brooke, the mother of Chief Justice 
Roger Brooke Taney and Catharene Boarman, the wife of Major William 
Thomas. Ann (Calvert) Brooke married, second, Henry Brent, Deputy 
Surveyor General of the Province, and third. Colonel Richard Marsham. 
See will, Baker Brooke, P. C No. i, p. 114, Saint Mary's County; 
Kilty, p. 62 ; Test. Pro. Liber 13, Annapolis. 



64 COLONIAL MARYLAND 

of the Puritan element in Maryland, who, with all available 
forces, invaded Saint Mary's, and finding Governor Stone 
without the means of effectual resistance, removed the records 
to Mr. Richard Preston's, near Saint Leonard's, on the 
Patuxent River, appointed from their own party, officials for 
the government of the Province, and passed laws ignoring 
Lord Baltimore's territorial rights, disfranchising Roman Cath- 
olics, and repealing the Toleration Act. of 1649, enacting in 
place of the latter, an Act concerning religion in obedience to 
the inspiration of their own phylosophy. ^ 

Governor Stone succeeded in capturing the records and 
restored them to the Provincial Capital, as well, also, the 
magazine and arms designed for the defense of Saint Leon- 
ard's, but in his effort, through the memorable battle at Prov- 
idence — the first land engagement in Maryland — to reduce the 
insurgents to subjection, he was overwhelmingly defeated,'' 
and they continued to hold the reins of government until 1657, 
when, through an agreement, induced by the turn of affairs 
in England against Puritans, it was formerl}- surrendered and 
re-instated at Saint Mary's.' 

1 Bozman, 11, p. 505 ; McMahon, p. 206. 

2 This battle took place on the 15th of March. 1654. vStone's "bat- 
tle cry" was " Hey, for Saint Mary's '", while that of the Puritans was, 
"God is our strength '". Stone has been criticised for starting into this 
engagement with such a sniall body of men— about 130 only— but it 
.should be remembered that the military organization of the Province 
had been much neglected, and at that time was very poor, and that he 
was, in consequence, limited to such men as he could muster in and 
around Saint Mary's. After this, the militia was put upon a much 
better footing. The Province was divided into military districts, com- 
manders appointed for each, arms and ammunition looked after, and the 
whole fighting population was mustered in and trained. Under such 
conditions, the black and gold ensign of Maryland would probably not 
have fallen. 

3 Bozman, 11, p. 505 ; McMahon, p. 206. 



THE FIRST CAPITAL 65 

The year 1659, is noted in connection with Saint Mar5''s 
for the attempted rebeUion of Governor Josias Fendall, in 
which he made the unsuccessful effort to "play the part in 
Mar^-land which Cromwell had just performed in England", 
by conspiring with the Assembly to overthrow the Proprietary 
government and establish a republic, with himself as its head.' 

While not within the scope of this work to enter into the 
details of this tragedy, it may be proper to state, that the 
scheme by which Fendall expected to accomplish this, was to 
surrender his commission from Baltimore, have the lyCgislature 
declare its independence of the Proprietary, and, as the direct 
representatives of the people, elect him Governor of the 
Province. On the i2tli of March, 1659, the Lower House 
declared its independence of all poiver, and denied the right 
of the Upper House (composed only of representatives of the 
Proprietary) to sit longer as a branch of the Legislature. To 
this Fendall, of course, assented, and, on the 14th of March, 
dissolved the Upper House, surrendered his commission from 
the Proprietary, and was elected by the Legislature thus con- 
stituted, Governor of the Republic of Maryland.'^ After a 
fruitless effort, however, to enlist public interest in this 
nefarious scheme, Fendall abandoned his government thus 
established, and when his arrest was ordered, voluntarily 
submitted himself to the mercy of the Baltimore government, 
which, in the meantime, had been reorganized, with Philip 
Calvert as Governor. He was tried and convicted, but after 
a short imprisonment was discharged from all the penalties 
imposed by the Court, except those of being disfranchised 

1 McMahon, p. 212 ; McSherry, p. 81. 

2 For an interesting discussion as to the causes of this rebellion, see 
the able treatise of Doctor Sparks on "The Maryland Revolution of 
1689", page 30-36. 



66 COLONIAL MARYLAND 

and prohibited from holding public office — humanity which he 
lived long enough to repay by an effort, many year afterwards, 
to excite another rebellion in the Province. ' 

Early in 1662, the Honorable Charles Calvert arrived at 
Saint Mary's, and entered upon the duties of Governor of the 
Province. He subsequently established a temporary residence 
at Mattapany, but about the time he became, by the death of 
his father, Baron of Baltimore and Proprietary of the Prov- 
ince, he resumed his residence at Saint Mary's. As an 
expression of their pleasure at his return to the Provincial 
Capital to live, the General Assembly presented him with an 
appropriation of 30,000 Hbs. of tobacco.^ 

Charles, Lord Baltimore, was, perhaps, more closely 
identified with the development of Saint Mar)''s, than any 
other man connected with its history. It was during his 
administration that it was incorporated into a city, and the 
privilege of sending two representatives to the General 
Assembly was granted ; it was also, during his proprietorship 
that the State House and other public buildings were erected, 
and to sustain its privileges and importance, and give it per- 
manency as the seat of government, he gave the City a 
written assurance that it should continue to be the Capital of 
the Province as long as he remained its Proprietar)-. ^ This 
promise he faithfully observed, and though efforts were made, 
and inducements offered from time to time, to get the seat of 
government removed, he firmly resisted them all. One of 
these propositions came from the inhabitants of Anne Arundel, 
accompanied by the generous offer to build at the Ridge, in 
that County, at their own expense, a Governor's house, as 

1 McMahon, pp. 213 and 214. 

2 Archives (Ass. Pro. 1674) p. 454. 

I Petition of Mayor and Council to Governor Nicholson, in Scharf i, 
P- 345- 



THE FIRST CAPITAL 67 

well, also, as a State Hotise, jail, and necessary offices, the 
latter buildings to be paid for only when completed.' 

In 1661, an Act was passed for the establishment of a 
Mint in Maryland (at Saint Mary's) for the coining of money 
corresponding in purity, and equal in value to English coins 
of similar denominations.^ Whether or not the Mint was 
actually operated, the records do not show. A writer, in 
1708, says it was established, but not much used.^ It may be 
of interest to note here the curious method for getting money 
introduced among the people, as adopted by the Act of 
1662, under which every hou.seliolder in the Province was 
required to buy at least ten shillings for every taxable person 
in the family, paying for it in tobacco, at two pence per pound. 

As early as 1689, a printing press, probably the first in 
Maryland,'' — and, indeed, in America — had been established 
at Saint Mary's. There is, apparently, no data from which 
the exact time it commenced operations can be ascertained, 
but it was certainly as early as the above date, when the 
' ' Declaration of the Protestant Associators ' ' , probably the 
first pamphlet ever printed in Maryland, was issued from it.* 



1 Archives (Ass. Pro. 1674) p. 78. 

2 Specimens of the coins struck for Maryland, of about this date, 
are exceedingly rare, but a few of them are preserved in the Maryland 
Historical Society. They consisted of shillings, sixpence, and groats, 
their weight being respectively, 66, 34, and 25 grains of silver. A part 
of the legend on these coins was, Crescite et Mtiltiplicamini. and their 
advent into Maryland marks, also, as far as the records show, the intro- 
duction of that motto into the Province, and which was ultimately des- 
tined to become, for a short time, the motto of the State. — See Crosby, 
', Early Coins of America", p. 123. 

3 British Empire in America, p. 344. 

4 Chalmers, p. 384; Neil, p. 174. 

5 Scharf, vol. i, p. 190, says : A printing press was set up in Mary- 
land by the Jesuit Missionaries, on which w-as printed lather While's 
catechism for use of the Indians, and that it was destroyed or carried off 



68 COLONIAL MARYLAND 

The press belonged to Richard Nuthead, and was the only 
one in Maryland, of which the records speak, until 1696, when 
William Bladen took a press to Annapolis and became the 
public printer of the Province. ' 

Shortly after the accession of William and Mary to the 
English throne, the "religious fever which had just shaken 
England to its centre ' ' , was used by certain leaders in Mary- 
land, under color of religious zeal as the instrument for pre- 
cipitating a crisis in the affairs of the Province. In April, 
1689, an " Association in arms for the defense of the Protest- 
ant religion and for asserting the rights of King William and 
Queen Mary to the Province of Maryland", was formed, and 
this act was followed by open revolution. 

On the 1 6th of the following July, information was 
received by the Council, at Saint Mary's, that companies of 
militia were being formed in different ]>arts of the Province. 
An envoy was at once dispatched from Saint Mary's to ascer- 
tain their movements, but he was arrested and held as a spy. 
Learning, however, of their intended march upon, and near 
approach to the Provincial Capital, Colonel William Digges, 
of Saint Mary's, prepared for defense. He mustered in one 
hundred men, and took position in the State House, which 
was to be the point of attack. While these preparations were 
being made at Saint Mary's, Colonel Henry Darnell and Major 
Nicholas Sewall went up the Patuxent and raised a force of 
one hundred and sixt}' men, but they did not arrive in time to 
assist in the defense of the Capital. 

in 1655 ; but I can find no authority for the statement. Same author, 
vol. I, p. 362, sa)'S : Another printing press was set up in 1660. This 
seems to be based upon an inference drawn from the Act of that year, 
providing for the publication of the laws of that session. Reference to 
the Act, however, shows that publication by proclamation only was 
meant, and not by printing. 
I Scharf, i, p. 362. 



THE FIRST CAPITAL 69 

When the revolutionists reached Saint Mary's, they num- 
bered seven hundred men, under command of Captain John 
Coade, Colonel Henry Jowles, Major John Campbell, Mr. 
Nehemiah Black iston, and Mr. Ninian Beall. Colonel 
Digges. finding his men unwilling to fight against such supe- 
rior numbers, after a short skirmish, evacuated the State 
House and surrendered. ' 

The Council were driven to the Garrison at Mattapany,^ 
which being also captured, articles of formal surrender were 
signed on the ist day of August, 1689, by which the " Asso- 
ciators ' ' were placed in absolute possession and control of the 
Province. ^ 

A full histor}^ of the motives and causes underlying and 
prompting this revolution, which swept awaj^ the Proprietary 
government, and, as events showed, marked the downfall of 
Saint Mary's, would involve too much detail, but it may be 
proper to note the fact that the records indicate the uprising 
to have been the result, not so much of the fear of violence to 
the Protestant religion, as it was of the alarm of physical 
danger, produced by the report that the Roman Catholics 
were conspiring with the Indians to massacre the Protestants, 
kindled and fanned by a few captious spirits, who were emu- 
lous of power, at whatever cost, and fired with ambition and 
expectation of royal favor from a Protestant King.* 

With the power in their own hands, Coade and his asso- 
ciates, issued the famous "Declaration of the Protestant 
Associators ",'^ .selected a Council for the government of the 
Province, of which Nehemiah Blackiston. of " Longworth 



1 Archives (CI. Pro. 16891 pp. 147-163 ; vScliarf r, pp. 310, 313, 315. 

2 Mattapany— see Chapter on Saint Mary's County. 

3 McMahou, p. 237. 4 Day Star, p. 87 ; Brown, p. 150. 
5 Archives (CI. Pro. 1689) p. loi. 



70 COLONIAL MARYLAND 

Point", was President,' and sent an address to William and 
Mary, in which they detailed the. results of the revolution, 
assigned the "defense of the Protestant religion" as the 
reason for it, and asked that the Province be placed under the 
protection of the English Government. ^ 

The revolution received the Royal sanction and Maryland 
was placed under a Ro3^al government. Sir Lionel Copley, 
the first Governor appointed by the Crown, arrived at Saint 
Mary's, in 1691. His associates were Sir Thomas Lawrence, 
Chancellor and Secretary, and Captain John Courtes, Mr. 
Thomas Brooke, and eight others as Councilors.^ 

The first Assembly under the Royal Government, con- 
vened at Saint Mary's, May loth, 1692, with Nehemiah 
Blackiston, President of the Upper, and Kenelm Cheseldine, 
Speaker of the Lower House.* 

The most conspicuous of the Acts of this session, was the 
one overthrowing religious freedom — so long the pride of 
Maryland — and constituting by law, the Church of England, 
as the established church of the Province.* 

Governor Copley's residence at Saint Mary's, however, 
was of short duration. His wife died there on the 5th of 
March, 1692 O. S.," and he died on the 27th of September, 
1693.' 

I Ibid, p. 206. 2 Ibid, p. 108. 

3 Ibid, 1691, p. 271. 4 Archives (A^s. Pro. 1692). 

5 For the particulars of this Act, see Chapter on Some of the Early 
Churches of Maryland. 

6 Archives (CI. Pro. 1692) p. 479. 

7 Liber H. D. No. 2, CI. Pro. pp. 65 add 98. 

The cases of Governor and Lady Copley furnish strong examples 
of efficiency in the art of embalming at that early period. Governor 
Copley died about six mouths after his wife — as computed by the 
English system then in vogue, the legal year beginning the 25th of 
March— and yet for, ten months after his death, the bodies of both of 



THE FIRST CAPITAL 71 

In July, 1694, Francis Nicholson, Esq., became Governor 
of Maryland, and one of his first official acts was to sound the 
death knell of Saint Mary's. He summoned an iVssembly to 
convene in September, not at Saint Mary's, but at Aune- 
Arundel-Town — now Annapolis. This act "foreshadowed 
the doom " of Saint Mary's, and at that session of the Assem- 
bl}^ the removal of the Capital was decided upon.^ 

The consternation which Saint Mary's felt at this sudden, 
and, to it, disastrous movement can well be understood. It 
solemnly protested, pathetically appealed, and graciously 
offered. Through its Maj^or, Aldermen, Recorder, and 
Council, it sent a protest to the Governor and Council,^ in 
which the point was made, that the " power of appointing a 
place for the Supreme ' Court of Judicature and Seat of Gov- 
ernment ' ' of Mar3dand was the special prerogative of the 
Crown, and that it could not be done by Act of Assembly, 
and urged that they " reject said bill " until their Majesties' 
pleasure could be ascertained. ' This the)' supplemented with 



them lay in the "Great House", at Saint Mary's, awaiting orders 
to ship thetn to England. It was not until July, 1694, that the Council 
ordered a vault to be built for their interment — a ceremony which did 
not take place until the following October. It is further worthy of note 
that as late as 1790, when the only vault known to be at Saint Mary's, 
and hence, presumably the Copley Vault, was broken into, the remains 
of the woman there interred, were found to be in a state of perfect pres- 
ervation, until exposed to the air, when they crumbled into dust. For 
further particulars of the beria! of Governor Copley and Lady Copley, 
see pages 36 and 37. See also " Pilate and Ilerod ", page 16, note. 

I Scharf, t, p. 347. 2 Ibid. 

3 Those who signed the protest and the petition were, Philip Lynes, 
Mayor ; Kenelm Cheseldine, Recorder ; Henry Dutton, John Lewellyn, 
Jo. Watson, Thomas Beall. Philip Clark, Edward Greenhalgh, Alder- 
men ; Thomas Wanghop, William Aisquith, Thomas Price, Richard 
Benton, Robert Mason, W. Taylard, Samuel Watkins, Common Council- 
men ; Wm. Diggs, J. Bouye, Clerks; G. Van Sweringeii, Jo^h Brodberi, 
Ro. Carville, Chas. Caud, Robt. King, George Layfield, John Coode, 



72 COLONIAL MARYLAND 

a length}' petition, in which, after dwelling upon the ancient 
rights and privileges of Saint Mary's, sustained by long enjoy- 
ment, and confirmed in the most solemn manner b}^ the late 
Proprietary, and upon the advantages of a site well- watered, 
with a commodious harbor, and a healthful and pleasant situa- 
tion, they proposed to obviate all objections as to want of 
accommodations and the difficulty of access, by keeping a 
coach or caravan, to run daily during the sessions of the 
I,egislature and Provincial Court, between the City and the 
Patuxent, and weekly at other times, and at least six horses 
with suitable furniture, for riding post, etc.^ 

The appeal, however, was of no avail. Governor Nich- 
olson had removed the Capital of Virginia from its ancient 
seat,'' and had come to Maryland resolved upon the same 
course towards Saint Mar)^'s. He went through the form of 
submitting the addresses to the Assembly, from whence they 
were returned to him — whose wishes were probably well 
understood — with a reply, conspicuous only for its vindictive 
spirit, bitter acrimony, and extreme coarseness ; in which 
they ridiculed the idea of being bound by Proprietary prom- 
ises, denied the advantages of Saint Mary's, mocked at its 
calamities, and laughed at its proposals."^ 

Henry Wriothesle}', W. Bladen, James Cullen, Thomas Hebb, James B. 
Baker, vStephen Blatchford, Daniel Bell, Jonathan Clarke. Edward 
Kelsey, Abraham Rhodes, Joseph Edto, Roger Tolle, Henry H. T. 
Taylor, James Reckets, John Wincoll, Hdward Fisher, John F. Noble, 
Thomas Hutchins, Richard Sowler, Thomas [his X mark] Guyther, 
Robeit Denry, Claudius Dutitre, Samuel Wheeler, Constables; John I. 
M. Mackye. Peter Dent, Wm. Guyther, John [his X mark] Janner, John 
[his X mark] Little, Thomas 11. Hickson, William Nuthead, Richard 
Griffin, Isaac Paine, Peter Watts, Robert Carse, John Evans, Wm. 

Lowry, Anderson, Eben Cooke, Zacharias Van Swearingen, Leon 

D. Hukenett, William Harpenos, Michael Chevers, Elias Beech, Thomas 
Guinurn, John Freeman, and Joseph Doj'ne, Freemen. 

I McMahon, p. 252. 2 Brown, p. 187. 

3 Scharf, i, pp. 344-346; Riley, History of Annapolis, p. 62. 



THE FIRST CAPITAL 73 

On the receipt of the reply from the Assembly, the 
Governor and Council thus tersely recorded their views on 
the matter : "This Board concurs with the said answers 
made hy the House of Burgess " . ^ 

In February, 1695, Governor Nicholson issued an order 
for the removal of the archives, records, etc., "from Saint 
Mary's to Anne Arundel Town, they to be conveyed in good 
strong bags, and to be secured with cordage and -hides, and 
well packed, with guards to attend them night and day, to be 
protected from all accidents, and to be delivered to the Sheriff 
of Anne Arundel County ' ' . The final removal was made 
that winter, and on the 28tli of February, 1695, the General 
Assembly commenced its first session in the new Capital of 
Maryland.^ 

•The reason alleged for this change, was that Saint 
Mary's, being on the verge of the Province, was difficult of 
access to the masses of the people. This may not have been 
altogether without weight, but it was more probably due to 
the fierce political struggle and the bitter sectarian strife, 
which existed there at that time — between the advocates of 
the Proprietary and the adherents of the King — between the 
Church of England and the Church of Rome. 

"It was", says one of Maryland's eminent historians, 
McMahon, "the interest of the new government, to destoy, 
as far as possible, the cherished recollections which were 
associated with the departed Proprietary power ; and there 
was no object so intertwined with all these recollections, as 
this ancient city, consecrated by the landing of the colonists, 
endeared to the natives as the first home of their fathers, and 
exhibiting, at every step, the monuments of that gentle and 

T Riley, p. 62. 

2 Riley, p. 62 ; Ridgely, History of Annapolis, p. 88. 



74 COLONIAL MARYLAND 

liberal administration, which had called up a thriving colony 
out of the once trackless wilderness. The Catholics of the 
colony dwelt principally in that section of it ; and, under the 
joint operation of these causes, it had been distinguished dur- 
ing all the troubles consequent upon the civil wars in England, 
by its unshaken attachment to the Proprietary. Without 
these considerations to prompt the removal, the recollections 
and the attachments, which centre the feelings of a people in 
in an ancient capital, would probably have 'contributed to 
preserve it as such ; until, by the denseueSs of the population, 
and the increasing facilities for traveling, thereby afforded to 
the remote sections of the State,' the objection to its location 
would have been in a great -measure obviated ; and the City 
of Saint Mary's would, at 1;his day, have been the seat of our 
State government. The excitement of the moment made its 
claims to recollection, cogent reasons for its destruction, and 
the public convenience came in as the sanction ' ' . 

After Saint Mary's ceased to be the Capital of the Prov- 
ince, it soon began to decline. The removal of the govern- 
ment officials, in itself, seriously diminished its population, 
and, in 1708, it ceased also to be the county seat of Saint 
Mary's County, the last symbol of its official character. The 
same year, it lost its long honored privilege of sending 
delegates to the General Assembly, and soon after, lost its 
rank as a city. 

No longer the commercial emporium of the Province, 
with no manufacturing interests at that day to sustain its 
vitality, and completely stripped of its official importance, it 
was left without means of support. Its population gradually 
departed ; its old fort sank to the level of the earth ; its 
houses — one by one — fell to ruin, and, in a comparatively 
short time, nothing remained, save the old State House and a 



THE FIRST CAPITAL 75 

few of the more durable buildings, the latter used as home- 
steads for the farms into which the site of the old city became 
converted. 

In 1695, permission was given the Justices of Saint 
Mary's County, to use the State House for a Court House 
and church. In 1708, the public buildings and land at vSaint 
Mary's, weYe ordered to be sold. They were, however, not 
sold, and, in 1720, the General Assembl}' vested the old 
' ' State House and grounds in the Rector and Vestry of 
William and Mary Parish, and their successors, in fee simple, 
for the use of the Parish, forever ".^ 

The changes deemed necessary to adapt the old edifice to 
church purposes, were made the fallowing year, the contractor 
for the work being Joshua Ds^yne., The attic and second story 
floors, and all the partitions were removed, and the building 
was ceiled " square with the top of the arch after the model of 
the old Chapel at Saint Mary's". A railing was put across 
the transept of that arm of the cross which originally formed 
the porch, and which was converted into a chancel, its large 
central arch being bricked up and giving place to the altar, 
which was of heavy oak, ornamented with carvings, and 
above it, a fresco picture, representing "the flight into 
Egypt" ; while in place of the two smaller arches, windows 
were substituted, each eight feet high, and twenty-two inches 
wide. The opposite, or "stair- way", arm of the cross 
became the vestibule of the church, and was made to corre- 
spond, in design and appearance, to the original entrance to 
the building ; while in the northern and southern transepts, 
galleries were erected. As thus changed, it would acconmio- 
date about four hundred persons.^ 

1 Act, 1695, c. 13 ; 1708, c. 3 ; 1720, c. 4. 

2 Allen's MSS. ; Extracts from Vestry Record. 



76 • COLONIAL MARYLAND 

There was so much opposition manifested, it is said, on 
the part of the Roman Catholics, to the old State House 
being used for Protestant worship, that the latter, about the 
year 1700, applied to a British man-of-war for assistance, and 
three cannon were placed there for their protection, and 
which remained in the church yard until 1823, when they 
were removed to Washington City.^ 

The old State House continued to be used as a church 
for more than a century ; but, in 1829, this historic old 
building was pulled down, and its material used in the con- 
struction of Trinity Church, which stands nearby. This old 
monument might well have been ' ' spared all but the ravages 
of time ' ' , and — had it been saved from the sacrilege of man 
— it might to-day be standing to ' ' point a moral ' ' , and 
" adorn the history " of the founders of Maryland.^ 

In 1839, the State of Maryland purchased from William 
and Mary Parish, the eastern half of the State House lot, and 
to commemorate the spot where " civilization and Christianity 
were first introduced into our State ' ' , erected on it the impos- 
ing and classic building, known as the " Saint Mary's Female 
Seminary". It also, a little over two years ago, did tardy 
justice to Maryland's first Governor — Leonard Calvert — by 
erecting to his memory a handsome granite shaft, placing it 
on the site of the " Old Mulberry "; and at the same time, 
in order to perpetuate the foundation lines of the old State 
House, planted at each of its twelve corners, a massive 
granite marker. 

1 Scharf, Historical Address, June, 1891. 

2 Much of the furniture in the present church is made of the wood 
of the "Old Miilberry ". Some of this wood has also been worked up 
into ''relics'' and sold, the proceeds having been used to keep the 
church in repair. 



THE FIRST CAPITAL 77 

The shaft is thirty-six feet high, and six feet square at the 
base. Above the inscription blocks, are two bronze medal- 
lion plates, bearing the Coat of Arms of Maryland. The 
monument contains the following interesting inscriptions : 

To the Memory of 

Leonard Calvert, 

First Governor of Maryland, 

This Monument is 

Erected by 

The State of Maryland. 

Erected on the Site of the 

Old Mulberry Tree, 

Under which the 

First Colonists of Maryland Assembled 

To Establish a Government 

Where the persecuted and oppressed of every creed 

and every clime might repose in peace and security, 

adore their common God, and enjoy the priceless 

blessings of civil and religious liberty. 

Leonard Calvert, 

Second Son of George Calvert, 

First Baron of Baltimore, 

and Anne, His Wife, 

Led the First Colonists to Maryland, 

November 22, 1633 — March 3, 1634, 

Founded Saint Mary's, March 27, 1634, 

Died, June 9, 1647. 

By His Wisdom, Justice, and Fidelity, He Fostered the 

Infancy of the Colony, Guided it Through Great 

Perils, and Dying, Left it at Peace. 

The Descendants and Successors of the Men 

He Governed, Here Record 

Their Grateful Recognition of His Virtues, 

November, MDCCCXC. 



78 COLONIAL MARYLAND 

Thus did the ancient Cit}^ of Saint Mary's spring into 
being, flourish, and pass away.' In the " very State to which 
it gav'e birth " ; in the State whose foundations it erected ; in 
the State, many of w^hose most valued institutions, and more 
ancient principles of organic law it established, it to-day 
stands almost a "solitary spot, dedicated to God, and a fit 
memento of perishable man ' ' . 

But it is one, which, as long as civilization shall endure 
upon the earth, will be memorable in the history of its devel- 
opment. The philosopher and the statesmen, when tracing 
back the progress of the political systems of men, from the 
loftiest heights they shall ever reach, will alwaj-s pause upon 
the banks of the Saint Mary's to contemplate one of the 



I Among the papers recently purchased by the Maryland Historical 
Society, from Mr. John Roland Phillips, is a letter from (Governor 
Leonard Calvert to his London partner, Sir Richard Lechford, dated, 
Point Comfort, May 30th, 1634, and which is of special value as show- 
ing the dimensions of Fort Saint Mary's — a fact hitherto unknown. 
As described by him, it was "one hundred and twentie yards square, 
with fower flaukes", and was mounted with "one piece of ordnance" 
and six " murderers'". Another paper in the above mentioned collection 
of much general historic interest, is "A brief relation of the voyage unto 
Maryland '', supposed to have been writttu by Father White, and -which 
was sent as a supplement to the above letter. Both of the documents 
describe the location of Saint Mary's as being half a mile from the river. 
The fact that the first Provincial Capital was immediatel}- on the river, 
the State House lot, indeed, being bounded on two sides by it, leaves no 
room for doubt, that what was meant was, that the site of the town was 
that far distant from the place of landing, just as the Relation must 
have referred to the place of landing, rather than the place of settle- 
ment and to Saint Mary's Harbor, rather than the river, wlien it stated 
that the village of Yaocomico was on one side of the river, and the 
Maryland settlement on the other — a physical in)po.ssibilit)', since the 
site of Yaocomico and J^aint Marys were one and the same. The dis- 
tance from the place of landing to the site of the town, as given in these 
two documents, is just half of that which it was stated to be in the 
Relatio Itineris. They were, probably, all rough estimates only, as was 
the estimate of the acreage of Saint Clement's Island, as stated in 
Relatio Itineris, for the correction of which see page 15, see also page 18. 



THE FIRST CAPITAL 79 

greatest epochs in their history. It was there that, under the 
auspices of the founders of the State of Maryland, the injured 
freemen of England found a refuge from the depredations of 
Royal power ; it was there that the inherent rights of man 
found opportunity for growth to strength and vigor, away 
from the depressing tyranny of Kings ; it was there that the 
ancient privileges of the people, that came down with the 
succeeding generations of our fathers, from the morning twi- 
light of Anglo-Saxon history, struggling through the centuries 
with varying fortunes, at last found a home and a country as 
all-pervading as the atmosphere around them ; it was there 
that these principles and rights first entered into the practical 
operations of government ; it was there that was established 
the first State in America where the people were governed by 
laws made by themselves ; it was there that was organized the 
first civil government in the history of the Christian world, 
which was administered under that glorious principle of 
American liberty — the independence of Church and State in 
their relations to each other ; it was there, too, that freedom 
of conscience, in all of its breadth and fullness, was first 
proclaimed to men as their inherent and inviolable right, in 
tones which, sounding above the tempest of bigotry and per- 
secution, were to continue forever, from age to age, to 
gladden the world with the assurance of practical Christian 
charity, and ultimately find expression in the political systems 
of every civilized people. ^ 

Such was the halo surrounding Maryland's early colonial 
metropolis, and yet, the present generation asks when and 
where it was ; such the renown of Maryland's first capital, 
embodying in its history, the germ of so much of that which 
gave grandeur and glory, as well as inspiration and pride, to 



I Honorable Richard T. Merrick, Historical Address, iJ 



8o COLONIAL MARYLAND 

the later anuals of the State, and yet, history has recorded its 
birth without a smile, and written its epitaph without a tear. 
In desolation and ruin, as it is, and though its hearth- 
stone is buried beneath the moss of so manj^ years, it should 
be revered as a hallowed spot ; sacred to the ' * proudest mem- 
ories ' ' of Maryland ; endeared in the pride and in the affection 
of its sons and its daughters ; the glory of every American 
patriot ; for it was the spot where first arose the radiant 
morning sun of our religious freedom ; the spot where first 
broke and brightened into effulgent daylight, the early dawn 
of our civil liberty. 



4* 



CHAPTER IV. 

Zbc Xanb ^Tenure of Colonial flDari^lanb, 



TO Y the Maryland Charter, the Baron of Baltimore was 
J made the ' ' true and absolute Lord and Proprietary ' ' of 

Maryland, and invested with all the "rights, preroga- 
tives and immunities" that had ever been enjoyed b}^ the 
Bishop of the County Palatine of Durham — than which, no 
higher grant was ever made to an English subject. 

Of the Counties Palatine (so called, because in a Palatio, 
the owner was the supreme power, as fully as was the King 
in his palace), Durham, was the only one in England at that 
time, which was held by a subject, and hence, the one named 
in the Charter.^ 

I Kilty, Ivaudholder's Assistant, p. 12. 

But the juro regatio, which attached to the person of the King, 
did not attach to Lord Baltimore. He did not have the incidental pre- 
rogatives of the King, and only such of the direct ones as were expressly 
granted by the Charter. — 2 H. & J. Maryland Reports, p. 250. 

The Proprietor had even more power than any Bishop of Durham 
ever had. Within the Province of Maryland, the Proprietor had regal 
power. It was his justice that was administered in the courts, and all 
writs and warrants were issued in his name. These courts were 
appointed by him, and he determined their jurisdiction and manner of 
proceeding. In them he had the laws executed, and passed sentences 
amounting even to confiscation and death. He likewise had the royal 
power of pardon, and had adniirality jurisdiction. The Proprietor could 
erect towns, boroughs, cities, and ports of entry and departure. 



82 COLONIAL MARYLAND 

As the ' ' ruler of the Province and the owner of its soil ' ' , 
Baltimore was also expressly authorized and empowered to 
dispose of the whole or any part of the premises, or of any 
estate or interest in its lands, for such time, and on such terms 
as to him might seem most expedient. The Charter also 
invested him with the right to introduce in Mar3'land. the 
feudal system, which had then been practically broken up 



From the Proprietor all land was held. He received all escheats 
and fines for alienations, and had sovereign title to all mines, wastes, 
forests, and chases. He could erect manors with court leet and court 
baron. ihe Proprietor could raise troops and levy defensive warfare, 
even pursuing enemies without the limits of the Province. He could 
impose duties upon ships and merchandise. He conld establish churches 
and chapels, and have them consecrated according to the ecclesiastical 
laws of England. He held their patronage and advowsons. Only 
through the Proprietor could the King do anything in the Province. 
All these powers belonged to the Palatine of Durham, and all except 
the ecclesiastical were exercised by the Proprietor of iMaryland. 

In the matter of legislation there is a difference. There was no pro- 
vision in Durham for the assembling of the people to make laws. If the 
Palatine wanted any new laws, they were passed by his Council, which 
was composed of the chief men of the county. The Proprietor, how- 
ever, had the right to call as.semblies of the freemen and enact laws with 
their assent. But the colonists insisted on their right to propose and 
enact laws with the assent of the Proprietor. This right was obtained. 
The Proprietor retained his right to initiate some legislation but not all. 
Maryland laws, like those of Durham, were published in the courts. 
The Proprietor was not obliged to submit these laws to the Crown for 
approval. In addition, the Propiietor could publish ordinances not 
extending to life, member, or property. This has been aptly designated 
as a police power. Again, the Proprietor possessed an advantage over 
the Bishop of Durham, in that cases between the Bishop and his subjects 
could l)e appealed to the Court of Exchequer in London, whereas cases 
between the Proprietor and his subjects were finall}- settled in the Pro- 
prietor's courts, from which there was no appeal to the King. Parlia- 
ment levied taxes on the Bishop of Durham, and these were collected by 
his officers, as taxes were collected in Maryland by the Proprietor's 
officers, hut Parliament had no power to tax the Pioprittor of Maryland, 
and the Charter exempted him Irom royal taxation. 

The administrative machinery of the Proprietary Government bears 
some likeness to that of the Durham Palatinate. The Governor of 
Maryland was its administrative head. He had the highest judicial 



THE LAND TENURE 83 

in England, and further provided that the statute of " Quia 
Emptoris"/ intended to prevent subinfeudation, and which 
had, in effect, aboHshed the manorial s^^stem in England, 
should be dispensed with, and conferred ui;;on him the privi- 
lege of erecting manors in Mar5^1and, with all the manorial 
rights which had been incident to such estates in England — 
thus making the Baron of Baltimore the sole tenant of the 
crown, and at the same time securing to him, as the exclusive 
landlord of the Province all escheats, fines and forfeitures.'^ 

jurisdiction, aud presided over the Court of Chancery. Thus he resem- 
bled the Chancellor of Temporalities of the Bishopric of Durham. In 
both governments are seen the Receiver General. In both the Sheriff 
was the executive officer of the Palatine, collected the revenue, and was 
responsible to the Palatine alone. The Seneschal of Durham bore some 
resemblance to the Surveyor General of Maryland, and the Bailiff to the 
Constable. The Bishop's Council had its counterpart in the Proprietor's 
Council, which, while it had less legislative, had more iudicial power, 
and also retained great influence in legislation. 

The division of the Courts into County Courts and Halmote Courts, 
was followed in the powers given to the Provincial, Chancery, Admiralty 
and Council, and to the County Courts. While allegiance to the King 
was reserved, the oath of fidelity was taken to the Proprietor, aud all 
writs ran "in the year of our dominion". In the period now to be 
considered, it will be seen that the Proprietor had vastly more power in 
Maryland than the King had in England, and freely exercised his 
power. In no other American colony was there such despotic authority. 
In none was such absolute government ever established as existed in 
Maryland in this period.— Causes of The Maryland Revolution of 1689, 
pp. 27-29, Sparks. 

1 The statute "Quia Emptoris", enacted in the reign of Edward I, 
directed that in all sales or feoffments of land, the purchaser of the land 
should not hold of his immediate feoffer, but of the chief lord of the fee. 
The aim of the statute was to strengthen the hands of the King, and to 
prevent the intermediate lords from subinfeudating their lands. This 
great land law, marking an epoch in the constitutional history of Eng- 
land, enacted in 1290, was virtually set aside by Charles I, after an inter- 
val of three and a-half centuries, and the privilege denied the great feudal 
barons of England was bestowed in all its fullness upon the joung Irish 
peer. — Local Iu.-,lilulions of Maryland, p. 13. Willului, 

2 The Charter ; Kiliy, p. 28 ; Ground Rents in Maryland, pp. 11-13. 



$4 COLONIAL MARYLAND 

The Maryland grant was to be held \>y Baltimore of the 
" Kings of England, * * in free and common socage, by fealty 
only for all services," and subject to the annual render of " two 
Indian arrows from those parts " , to be delivered at Windsor 
Castle on Tuesday of Easter week in every year, and also, 
the fifth part of all the gold and silver found within the 
Province. ' 

By a species of tenure similar to that under which he 
held the Province, Baltimore granted land to the Maryland 
Colonists. The fact that his lands would be unproductive 
unless they were occupied, prompted him at once to adopt 
and publish a general land system. It proved a good one, 
not only as a means of producing a constantly increasing 
revenue to himself, but in its results upon the economic 
welfare of the community and the material development of 
the Province.^ 

To encourage persons to come and bring their dependents 
and servents with them, his lands were offered on the most 
generous terms. These, it is true, were less liberal at a later 
period than at first, but thej^ were always sufficiently so to 
stimulate the growth of the Colony, and at the same time, 



1 Maryland Charter. 

2 The area of Maryland is 6,000,000 acres, exclusive of its water 
arei, which is about 1,000,000 acres. The territory within its charter 
limits comprised about 10,000,000 acres of land, embracing, in addition 
to its present domain, the entire State of Delaware, that part of Pennsyl- 
vania lying south of the parallel of Philadelphia, extending to the most 
westerly ridge of the Alleghenies, a part of the Eastern Shore of Virginia, 
and that part of West Virginia lying between the North and South 
Branches of the Potomac — McMahon, pp. 18-59 '■> Brown, pp. 134 137 ; 
Local Institutions of Maryland, pp. 8-9. While not within the scope of 
this treatise to deal with the methods by which ^Maryland was robbed of 
her territory, it should Vje noted in passing, that they furnish a disgrace- 
ful commentary upon the times, reflecting alike upon the English Crown 
and the beneficiaries 01 the spoils. 



THE LAND TENURE 85 

afford a source of lucrative revenue to the Proprietar3^ The 
conditions upon which land could be obtained, and the terms 
and character of the grant, were fully set forth in proclama- 
tions, or "Conditions of Plantation", as they were called, 
issued by the Proprietar}' from time to time. 

Under the first " Conditions of Plantation", every free- 
man who came to Maryland to "inhabit and plant" was 
entitled, without cost or charge, except the annual quit rent, 
to one hundred acres of land for himself, a like quantity for 
his wife, every child over sixteen, and each servant, and fifty 
acres for every child under sixteen years of age, to be held 
by ' ' him and his heirs and assigns forever " , in free and 
common socage " of Baltimore as the L,ord Proprietary. * 

In 1641, the amount of land given, was reduced to fifty 
acres for every adult, and twenty-five acres for every child.'"' 

If those transported exceeded a certain number, he was 
entitled for their transportation, not onl}^ what they could 
each separately have claimed, had they come at their own 
expense, but to an additional quantity, proportioned to the 
number, age, and sex of such persons transported, the largest 
premiums being paid for males between sixteen and fifty, and 
females between fourteen and forty, years of age — thus induc- 
ing small but vigorous settlements in the Province, which 
would become the industrial centres of their respective locali- 
ties.'^ It also depended upon the time of immigration. At 
first 2000 acres were given for the transportation of five men, 
but, in 1636, the number was increased to ten, and, in 1641, 
to twenty able men and women, between the ages above 



1 The grants, it appears, were intended to be lor an indefeasable 
estate of inheritance in fee simple. — Kilty, p. 32. 

2 Kilty, pp. 29-31 ; Relation, 1635 ; Archives (01. Pro. 1636 and 1641) 
pp. 47 and 99. 

3 Local Institutions of Maryland, p. 15. 



86 COLONIAL MARYLAND 

mentioned. ' A further consideration imposed by the last 
mentioned proclamation, was that each of said twenty persons, 
as a means of giving additional military defense, should come 
provided with the following arms and ammunition : ' one 
musket or bastard musket ; ro lbs. of powder ; 40 lbs. of lead, 
bullets, pistol and goose shot, each sort some ; one sword and 
belt, and one brandeleer and flask " . ^ Special grants of larger 
size were sometimes made from personal considerations, or on 
account of public or private services rendered. 

In 1683, however, Baltimore, deeming these inducements 
no longer necessary to insure the success and prosperity of the 
colony, abolished them, and adopted a new "land system ", 
under which no premiums were offered for the transportation 
of person, and those desiring to obtain land had to pay, in 
addition to the annual quit-rent, a definite amount of purchase 
money. This was called "caution money", because it had 
to be paid before the warrant could issue. ^ At first, the 
amount charged was only 50 lbs. of casked tobacco for everj^ 
fifty acres, if along the seaboard, or 100 lbs. if in the interior.* 
Subsequently it was increased to 40 shillings per one hundred 
acres, and, in 1738, to ^5 sterling, on which basis it continued 
until the American Revolution.^ 

Under the first proclamation the right to take up land, 
was without restriction as to nationality, but by the one of 
1636, it was expressly limited to persons of " British and Irish 
descent",'' except that grants could be made, after 1648, 
to persons of ' ' French, Dutch, and Italian descent " , in the 



1 Kilty, pp. 29 31 ; Archives (CI. Pro. 1636 and 1641) pp. 47 and 49. 

2 Ibid. 

3 Kiltj', p. 124. 4 Archives (CI. Pro. 1683) p. 142. 

5 Ground Rents in Maryland, p. 19. 

6 But this included natives of Scotland, the union having previously 
taken place, and also natives of Wales, who were British by a still older 
title. 



THE LAND TENURE 87 

discretion of the Governor' — a limitation which was not 
removed until 1683, when, for the first time, the lands of 
Maryland were open to all persons ' ' living in or trading 
Vv'ithin the Province ", who choose to purchase them..'' 

This right, however, did not extend to corporations, 
religious or temporal, which, indeed, as early as 1641, were 
prohibited from acquiring or holding land in Maryland in any 
manner v/hatsoever, or enjoying any of the uses in them 
which were forbidden b}- the " Statutes of Mortmain prior to 
Henri' VIII", without special license under the hand and 
seal of Lord Proprietary." 



1 Archives (CI. Pro. 1636, 1641, 1648) pp. 48, 99, 222. 

2 McAIahon, p. 173. 

3 lu tlie interval between the settlement at Saint Mary's, in March. 
1634, and ll'.e meeting and aiijournment of this General Assembly (1637), 
various events had transpired which produceil momentous results. The 
colony had lieen reinforced by numerous additions. The Jesuit, zealous 
in propagating their faith, and in proselytizing, had made many con- 
verts among the lower order of Protestants, and had been eminently 
successful among the Indians. Emperors and kings, with their people, 
had embraced the Cross, and been baptized into the Church. 

As a natural consequence, great grants of valuable land were made 
by the aboriginal chiefs to the Fathers who had converted them to the 
faith. King Pathuen had given them the valuable estate of Mattapany, 
in Saint Mary's County, near the mouth of the Patu.xent, where the 
Je.suits had established a mission, and besides that, Thomas Copley, 
whose status as a Jesuit Priest is not disclosed by the records, had 
demanded large grants under the conditions of Plantation * * * * and 
under the conditions of 1636. he received the title to twenty thousand 
acres, and he held it to the use of the Society of Jesus. In January of 
1637, when the Proprietary was preparing I'.is Code of Laws, he com- 
missioned John Lewger " Commi.ssiotier in causes testamentary, to prove 
wills, and to grant letters of administration, etc". * * * 

By the Great Ordinance of 1638-9, it was enacted that the laws 
should be equally enforced against and concerning all persons, lay and 
ecclesiastical, without distinction, exemption, or privilege to any. Its 
twelfth section ratified the commission to Lewger, by providing "that 
the .Secretary shalt prove wills, and grant administrations, and use and 
appoint all power and means necessary or conducing thereto ". 



88 COLONIAL MARYLAND 

In no other State did the statutes of Mortmain take root, 
but the early act of Baltimore in introducing them in Mary- 
land made a lasting impression. His order, as applicable to 
ecclesiastical bodies, was substantiall}' incorporated in the 
Maryland Bill of Rights, and it is the law of Maryland to-day, 
that lands cannot be given, sold, or devised to religious 

The jurisdiction of the temporal authority therefore, had been dis- 
tinctly asserted by his Lordship's act, over all ecclesiastical persons and 
their property, and over all causes testamentary, and over the adminis- 
tration of the estates of decedents. This had been done deliberately, in 
carrying out a mature policy. 

This assertion of jurisdiction by the temporal prince, over ecclesias- 
tical persons and things on the one side, and the acquisition of lands 
from the Indians, and by Copley for the use of the Jesuits on the other, 
made a distinct issue in Maryland that had been contested in England, 
for .six hundred years, and had only shortly before then been finally 
settled. It was the old question as to whether the Canon Law prevailed 
and was in force juye divino in a State, or whether it was only allowed 
so far as adopted by ihe Prince or State itself. Under all the circum- 
stances, it was, perhaps, natural that such a question should arise. 

In the organized State of England, it had been definitely settled, 
but in such a country as Maryland, then a savage wilderness, with a few 
hundred Christians, founding a new society upon Christian principles, 
which were to pervade, control, and direct it for all time, the enthusiasts 
who had braved the hardships of emigration, and the terrors of the 
unknown by land and by water, to carry the Cro.ss to the heathen, may 
well have believed that the power of the Keys should prevail over the 
power of the vSword, and that their duty to religion and truth, required 
them to assert the supremacy of the ecclesiastical authoritj' over the 
temporal power. At any rate, the missionary priests at once claimed 
that the Canon Law prevailed in yLzxy\a.wA. propria vigore, without the 
license, assent, or adoption of Prince or people. It existed because it 
was the law of the Church. This was the old claim of the extension of 
the corpus juris canonici over England. * *^ * 

The Jesuit Fathers, in this conflict of Law, as they .supposed, very 
naturally held on to the law which bound them, until it was shown 
that they were bound by the law of P^ngland in this behalf. Great 
issues were at stake, and the discussion of them naturally aroused feel- 
ing. Secretary Lewger had been a Protestant. He was an Englisman 
— an educated scholar of the University of Oxford. He knew the 
history of the struggle in England against the authority of the Canon 
Law, again.st the exemption of ecclesiastics, their persons and their 



THE LAND TENURE 89 

bodies, or for religious uses, except to the extent of two and 
a-half acres for church and church yard, without sanction of 
the General Assembly' 

At first, the grant was obtained by filing an application 
with the Secretary of the Province. If the claim was duh' 
substantiated by proof of the date of immigration, etc., a 
certificate to that effect was issued and addressed to the 
Governor, who, on application of the holder thereof, issued a 

property, froiu the temporal jurisdiction, the enormous abuses that had 
grown out of their usurpation of the exclusive cognizance of causes 
testamentary and matrimonial, and the great evils, political and social, 
produced by the holding of great estates in Mortmain. He understood 
the policy of the Proprietary, which he had been selected and sent to 
carry out — to transplant to Maryland all the safeguards against these 
abuses, and the remedies for these evils, and the guarantees for liberty, 
which the experience of Englishmen had demonstrated to be necessary 
to preserve their institutions, and which their sagacity had devised, their 
wisdom adopted and their courage secured. 

Therefore it was that Lewger, carrying out the purposes of the Pro- 
prietary, set himself against this claim of the authority of the Canon 
Law, and procured the Assembly to unite with Baltimore in asserting 
the supremac}' of the temporal power of freemen and Proprietary in 
General Assembly. 

He followed this up in the Assembly which met the following^ 
autumn on the '2'th of October, 1G40, by procuring to be passed the act 
touching marriage. The persons who can celebrate ii, the parties who 
are permitted to marry, and the conditions tipon which they shall marry 
are all declared and specified. The whole subject of marriage thus 
passed under the control of the temporal power. 

He further insisted that ail grants of land to the Jesuits should be 
vacated, whether to them from the Indians or from the Proprietary to 
Thomas ('opley, who held the land for the use of the Societ)'. 

Baltimore pressed, his policy that the Common Law of England 
should be the law foi; everybody in Maryland, lay and ecclesiastical, 
and no great estates should grow up in Mortmain, to be a future menace 
to the liberties and free institutions of the Province. 

immediately after the adjournment of the General Assembly, Lord 
Baltimore brought the matter before the highest authority of the 
Church, and "petitioned the Sacred Congregation of the Propagation of 

I Maryland Bill of Rights; Maryland Constitution, Article xxxviii. 



90 COLONIAL MARYLAND 

warrant to the Surveyor General, commanding him to "survey 
and lay out " the land therein specified. On the execution 
of this warrant, and on the application of the holder, a patent 
was issued, signed by the Governor and attested b}^ the 
Secretary and Surveyor General of the Province.^ 

There being no time at first fixed for the surrender, and 
the certificates and warrants being assignable before the 
patent was issued on them, owing to the scarcity of coin, and 
the inconvenience of tobacco as a currenc}', they were fre- 
quently transferred and passed about as so much money. ^ 

But, in 1643, it appearing that many persons had long 
since obtained certificates and warrants for land for which no 
patent had been issued, (thus (.lepriving the Proprietary of 
his ' ' quit rents ' ' , which did not commence until after the 
date of the patent), a proclamation was issued, requiring the 
holder to surrender them and take out grants for the same 
within twelve months from that date, under " pain of being 

the Faith, in the name of the Catholics of Maryland, to grant a Prefect 
and secular priests authority to take charge of the Maryland mission ". 
In August, 1641, permission was given Baltimore to remove the Jesuits, 
and the authority to take charge of Maryland issu'-'d to Don Rossetti, 
Archbishop of Tarsus. 

In November, 1641, he issues Conditions of Plantation, to take effect 
in the following January, and they put in actual operation in Maryland 
all til 'J provisions and prohibitions of all the Statutes of Mortmain, which 
hf'.d been enacted in England before that time. * * * The Provincial also 
exacted a release in full, of all lands acquired, and oi all right to acquire 
lands from Indians, and conveyed to th Proprietary the estate of Matta- 
pany, granted to the Societj' by King Pathuen ; the Manor of the Im- 
maculate Conception, and that of Saint Gregory, and all other domains 
held in the Province, either by Indian grant or by grant to any person 
for the use of the Society. * * * — FoundatioTi of Maryland — Johnson. 

In the same admirable treatise may l;e found the deed of Release 
above referred to, as well also the correspondence leading up to it. 

1 Kilty, pp. 64, 65 ; Local Institutions in Maryland, p. 27. 

2 Kilty, p. 77. 



THE LAND TENURE 91 

refused the grant after said time " / which largely did away 
with their value as a circulating medium. 

While it would seem that the Proprietary intended from 
the outset, that all land grants should be under the great seal 
of the Province, for many years they were issued under the 
hand and seal of the Governor alone, and it was not until 
1644, when the duty of authenticating patents devolved upon 
the Chancellor of the Province, that the great seal was 
attached.- In 1680, the "Land Office", under the super- 
vision, at first of a "Register", but later of a "Land 
Council ' ' , and still later of a " Judge of the Land Office ' ' , 
was established, and it became the place where all proceedings 
relating to the sale and granting of land were subsequently 
conducted.^ 

The Lord Proprietary, by the express terms of the Char- 
ter, held his lands of the Crown, in ^^free and common socage, 
by fealty only for all services ' ' , and his grantees held of hiTu 
by the same tenure. '^ 

1 1st Council Book, p. 98 ; Kilty, p. 35. 

2 Bland, Maryland Reports, i, p. 308. 3 Ibid. 
The first " Surveyor General " of Maryland, was John Langford, 

and his commission, dated March 24, 1641, furnishes the only instance 
on record of an office held for life. The first Register of the Land Office 
was John Llewellin, who had been Chief Clerk to the Secretary of the 
Province and was hence familiar with its land affairs. The first " Land 
Council", appointed 1684, consisted of Major Nicholas Sewall, Colonel 
Henry Darnall, '^olonel Edward Uigges and Mr. John Darnall. The first 
Judge of the Land Office appointed 1715, was Mr. Philoniea Lloj'd, then 
Deputy Secretary of the Province. He was succeeded in turn by 
Kdmond Jennings, 1732 ; Levin Gale, 1738 ; Phillip Thomas, 1743 ; (the 
last sole Judge, I Benjaraine Tasker and Benjamine Young, 1746; Bene- 
dict Calvert and George Steward. 1755 ; who continued until the 
Revolution, — Kilty, pp. 64, iii, 270. ~"~ 

4 The estates held by the settlers were called freeholds in Acts of 
Assembly and elsewhere, but they were not freeholds of the present 
day. Being subject to the annual quit rent, they were estates in trust, 



92 COLONIAL MARYLAND 

Tenure is the "stipulated condition under which real 
property is held " and socage tenure was that class of them in 
which the conditions were honorable in respect to quality and 
certain in respect to quantity and the time of exacting them, 
as distinguished from other species of tenures, which were 
base and servile as to character of conditions, and precarious 
and uncertain as to quantity and time. ' At the date of the 
Maryland Charter, this was the most popular of all the 
English tenures, and the " free, certain, and pacific services" 
incident to it, gave it advantages, as applicable to Maryland, 
in encouraging immigration and promoting industry, which 
none other possessed/ 

It was a remnant of feudal tenure, and to maintain its 
character as such, the Proprietary grants were ,so framed as to 
require the land to be held as of one of his manors, named in 
the patent, the grant to him being held of the Castle of 
Windsor. ^ 

The condition and services attached to the grants, were 
also of a feudal nature, and w^hile many of the feudal incidents 
of socage tenure in England appear never to have prevailed in 



rather than allodial estates, and were feudal in form, if not in essence. 
The holdings being assignable and transmi.^sable, formed an actual 
estate of inheritance. 

Restrictions, however, could be placed by lords of manors upon 
their under tenants, and there is no evidence that a manor could be 
sub-divided inlo smaller manors by the tenants. It was quite common 
for the lords of manors to subinfeudate parts of tbeir estate. This privi- 
lege was granted by the conditions of 1649 They were empowered to 
grant any portion of their manor, save the demesnes to any English 
subject, either in fee simple or fee tail for life, lives, or years, and under 
such rents not prejudicial to his lordship's royal juiisdiction. — Local 
Institutions of Maryland. 

I Kilty, p. 24, McMahon, p. 168. 2 Ibid. 

3 Ground Rents in Maryland ; Kilty, p. 24. 



THE LAND TENURE 93 

Maryland, those of fealty, rent, escheat, relief, and fines for 
alienation and devises were exacted. 

Fealty — allegiance or fidelity to the Lord Proprietary — 
was an inseparable incident of every grant, and all persons 
holding land in the Province, were required to take either the 
" oath of fidelity " or " subscribe the engagement " (a substi- 
tute for the oath) before the patent was issued. And this 
could be demanded more than once, under penalty of being 
" proceeded against as rebels and traitors", and seizure and 
forfeiture of the lands. ^ 

Escheats, as they existed in early Maryland, may be 
defined to be, the reversion to the Proprietary, of the land 
granted, upon the conviction of the tenant of crime, or upon 
his death without heirs — the land being taken in lieu of the 
feudal services, which there was no one to perform. They 
still exist, but upon a wholly different principle — that of 
property without an owner, and which reverts to the State, to 
be held for the benefit of all of its citizens. For many years 
it was deemed necessary here, as in England, to establish the 
fact of the escheat by the inquisition of a jury, before the 
lands could be again disposed of by the Proprietary, and for 
that purpose an " Escheator " was appointed. But in the 
interval between 1692 and 17 15, when the government of the 
Province was in the hands of the Crown, although the Proprie- 
tary's right to the soil was admitted, it was found impracti- 
cable to have the ' * inquest of office ' ' executed, and grants 
for escheated lands came to be made without it, a practice 
which continued after the government was restored to the 
Proprietery, and the one which has been followed ever since.'' 

1 H. & McH. Maryland Reports, 3 ; Boznian, p. 403. 

2 10th G, & J. Maryland Reports, p. 451 ; ist Bland, Ibid, p. 307 ; 
1st Gill. Ibid, p. 506. 



94 COLONIAL MARYLAND 

Fines were the charges imposed upon the tenant for the 
privilege of selling or devising the land. Under the socage 
tenure, the tenant could not pass his title to another without 
the consent of the landlord, who, for the trouble and incon- 
venience of accepting a new tenant, was entitled to compen- 
sation. In Maryland this consisted of one j^ear's rent, 
equal in amount to the quit-rent reserved on the land 
dispo.sed of, and it had to be paid before the sale or the 
devise became effective or capable of passing the title. ' This 
badge of feudalism was abolished in England as early as 1660, 
but remained in force in Maryland until 1780, except fines 
for devises which were suspended by order of the Proprietary, 
in 1742.^ 

Relief, as applicable to Maryland, bore close analogy to 
fines, it being the sum exacted upon the tenant dying 
intestate, and the land passing to the heir at law. It, too, 
was equal in amount to one year's rent, and had to be paid 
before the title could vest in the heir, after which the estate 
was "relieved" from the lapsed state into which, by theor}- of 
the feudal law, it had fallen. ' This, like fines for devises, 
was considered by the inhabitants of the Province a great 
hardship, and, in 1742, it was abolished.* 

Rent, as an acknowledgment of the tenanc}^ as well as 
for the revenue, was always reserved in the grants of Mary- 
land lands. These rents were called "quit rents", because 
being a fixed sum reserved in lieu of the indefinite feudal 
services due the lord of the fee, the tenant was " quit " and 

1 Ground Rents in Maryland, p. 31. 2 McMahon. p. 175. 

3 Ground Rents in Maryland, 23 and 24. 

4 Proclamation of Governor Bladen, October 20, 1742, 



THE LAND TENURE 95 

discharged from the performance of such services. ' They 
were payable annually, and were perpetual in point of dura- 
tion and irredeemable.^ The amount depended upon the 
date of the grant, or rather the date of the "Condition of 
Plantation " under which it was issued. In the earlier grants 
it was only 10 lbs. of wheat per annum for every 50 acres. 
This was soon increased to 15 lbs., then to one shilling, and, 
in 1648, it was raised to four shillings,^ on which basis it 
continued until the Revolution. After 1648, manorial lands 
were subject to 40 shillings for every 2000 acres, for the first 
seven years ; 40 bushels of wheat, or £6 sterling, for each of 
the succeeding fourteen years, after which to the twentieth 
part of the annual yield of the land, or ^10 sterling.* In a 
few special cases, however, grants were made, by order of the 
Proprietary, for a mere nominal consideration, exacting as a 
token of fealty only, for the whole tract granted, the annual 
render of a capon, a pair of pullets, an Indian arrow, or a 
bushel of corn. ^ 

Owing to the scarcity of money in the Province, quit 
rents were, in 167 1, commuted to payments in tobacco, at the 
rate of two pence per pound, a duty of two shillings (half for 
the Proprietary personally, and half for the defense of the 
Province) being imposed on all exported tobacco, in consider- 
ation of an agreement on his part to receive his rents and fines 
in that commodity.* This continued until 17 17, when an 

1 ist Bland, Maryland Reports, pp, 43, 96 ; Ground Rents in Mary- 
land, ]). 15. 

2 See interesting and valuable criticism of i\Ir. Lewis Mayer 
("Ground Rents in Maryland," 15 and 16) as to whether Maryland 
quit rents were " rent charges " or " rent service ". 

3 Archives (CI. Pro. 1636, 1641, 1648) pp. 47, 99, 221. 

4 Ibid, 1648, p. 223 5 Kilty. 
6 Act, 1671, C. II; McMahon, p. 178. 



96 COLONIAL MARYLAND 

Act was passed giving to the Proprietary, for his exclusive 
use, a duty of two shillings sterling on every hogshead, and 
four pence sterling per hundred on every box of tobacco 
exported from the Province, in full discharge of his rents and 
fines.' But, this Act expired in 1733, and they again became 
payable either in monej', or in the commodities of the country, 
as the patent prescribed . " 

The " Maryland quit rents" were, from an early period, 
a source of trouble to the people of the Province, and a 
constant subject of their complaint, not because of the amount 
involved, but the inconvenience and difficulties attending the 
payment of them. This was particularly the case after the 
system of allowing pajanent in tobacco, and the subsequent 
provision for payment by an export duty, expired. Repeated 
efforts were made to get these systems renewed, or to obtain 
some other which would afford an easy mode of pa5'meut. In 
1744, the Assembly' offered to increase the former export duty 
on tobacco to two shillings and six pence sterling, if the Pro- 
prietary' would accept it in lieu of his rents, l)ut the proposi- 
tion was declined. The following year an effort was made to 
purchase them, the Legislature offering to pay the Proprie- 
tary, in consideration of his rents and fines, five thousand 
pounds sterling annuallj', but this likewise failed, and they 
continued to be collected, according to the requisition of the 
patents, until the American Revolution,^ when, the Proprie- 
tary' being a British subject, his rents and other landed rights 
in Maryland, were seized and confiscated b}' the State, which, 
declaring quit rents to be " incompatible with absolute sover- 
eignty", promptly abolished them, and forever "exonerated 



I Act, 1717, C. 7. 2 McMahon, p. 170. 

3 McMahou, p, 170. 



THE LAND TENURE 97 

and discharged" the citizens of the State from the further 
payment of them. Constructively, fines were also abolished, 
so that by this Act, the people of Maryland were relieved of 
two features of their land tenure, which they had so long 
regarded a source of public grievance. ^ 

The quit rent, though not in all respects analogous, was 
the origin and foundation of the present ground rent sj'stem 
in Mar5'land. It was a small rent when considered individ- 
ually, but collectively it was a large source of revenue to the 
Proprietary, estimated, in 1770, to amount to ^,"8,400 sterling," 
and, at the time of the Revolution, his rents and other reve- 
nues from land were estimated at ;^3o,ooo sterling annually.* 

In 1780, the General Assemblj^ passed an Act which 
provided, "that all property within this State (debts only 
excepted) belonging to British subjects shall be seized, and is 
hereby confiscated to the use of the State ' ' , and at the same 
time, William Paca, Uriah Forrest, and Clement Hollyday, 
were appointed commissioners to preserve said lands.* 

It was subsequently contended that this Act was ineffec- 
tive, inasmuch as it provided for confiscation without formal 
entry and seizin. But the Supreme Court of the United 
States held, that under the Act no seizure was necessary, and 
that "the commissioners were, by operation of law, in full 
and actual seizure and possession of the property, though no 
entry or other act had been made or done", and also, that 
the law, itself constituting the actual confi.scation and seizure. 



I Act, 1780, C. 18, 
The abolition of the Proprietary " quit-rents" did not of course 
interfere with rents issuing from long leases, known as " ground rents " 
and owned by private individuals. 

2 McMahon, p. 172. 3 Scharf, 2, p. 374. 

4 Act, 1780, C. 45, 49. 



98 COLONIAL MARYLAND 

embraced all land in the State held by British subjects, even 
though it was not discovered until after the treaty of peace, 
1783, which declared that no more confiscations should be 
made. ' 

Henry Harford, to whom the Province was devised by 
Frederick, the last Lord Baltimore, estimated the loss of his 
lands, rents, and fines in Maryland, through the "Confisca- 
tion Act ", at ^447,000 sterling, and filed a claim against the 
British Government for that amount. He was only allowed 
^90,000, of which ^20,000 went to Louisa, the wife of John 
Browning, and Caroline, the wife of Sir Robert Eden — the 
devise to Harford being subject to a charge of ^10,000 to 
each of the said sisters of Frederick, Lord Baltimore.^ 

In 1783, Harford applied to the Legislature of Maryland 
to compensate him for the loss of his ' ' quit rents ' ' , alleging 
that they were not within the ' ' Confiscation Act ' ' , but the 
Assembly determined that they were " subject to all the rules 
and consequences of real estate ' ' , and refused either to pay 
for or restore them, declaring at the same time that the people 
of Maryland should not occupy ' ' the degraded condition of 
tenants to a superior lord, a foreigner, and a British sub- 
ject ".'^ A similar effort was made as late as 1821, by Charles 
Browning, son and heir of Louisa Browning, with like result, 
and five years later, it was attempted to establish the right to 
them through the Supreme Court of the United States, upon 
the ground that the Proprietorship of Maryland belonged to 
Louisa Browning on the death of her brother, Frederick, 
without lawful issue.* This interesting question, however, 



1 6 Cranch, United States Supreme Court Reports, p. 286. 

2 Scharf, 2, p. 394. 3 Ground Rents in Maryland, p. 37. 

4 Charles Lord Baltimore, died in 1751, having devised the Province 
of Maryland to his son Frederick and his assigns, for life ; remainder to 



THE LAND TENURE 99 

was ignored by the Court, which decided that whatever rights 
Louisa Browning may have had iu the premises, they had 
been extinguished (for the purposes of that case) by an 
agreement made in England between all the parties iu inter- 
est, that, for certain considerations, the devise of the Province 
to Henry Harford should be allowed to stand.' 

The last public use and official notice made of the old 
' ' Rent Rolls ' ' ' and ' ' Debt Books " , in which were kept the 
rents and fines due by each individual, and the land on which 



the sons of said Frederick, lawfully begotten, successively in tail male ; 
remainder to the daughters of said Frederick ; in default of such issue, 
then to his oldest daughter, Louisa (wile of John Browning), in fee, sub- 
ject to a charge of ^20,000 sterling in favor of his daughter, Caroline 
(wife of Governor Robert Eden). Frederick Lord Baltimore, died in 
1772, without lawful issue, having devised the Province to his illegiti- 
mate son, Henry Harford and his heirs male, lawfully begotten, and in 
default, to the heirs male of his illegitimate daughter, Frances Mary 
Harford, subject to a charge of ^20,000 sterling for his two sisters, Louisa 
Browning and Caroline Eden. In 1761, and again in 1767, Frederick 
Lord Baltimore attempted to dock the entailment of Maryland made by 
his father's will. Query — Could the Province itself be entailed? If it 
could, was it practicable to dock the entailment by a common recovery 
suffered by the Proprietary, in person or by attorney, in one of his own 
courts in Maryland? By the will of Frederick, Lonl Baltimore, /"1500 
sterling were bequeathed to Peter Prevost, and a like sum to Robert 
Morris, and made chargeable upon Maryland. Peter Prevost married 
Hester Wheland, the mother of Henry and Frances Wheland, alias Har- 
ford, and Robert Morris married Frances Harford. — 2d H. & McH. 
Maryland Reports, p. 277 ; Scharf, 2, pp. 137, 139. 

1 Cassell vs. Carroll, 11, Wheaton, p. 136. 

2 When Cecilius, Lord Baltimore, established his "Conditions of 
Plantations", he furnished the basis of a pretty accurate census of the 
early settlers of his little American kingdom. From the first, lauds 

I were granted to those who transported persons into the colony, "to 
1 inhabit", and the names of those "transports ", as they are called, are 
entered in the records of the Land Office of the Proprietary. At least 
/ this is true up to about i68o, a few years after the death of Cecilius, when 
the practice seems to have fallen into disu.se. and from that time on, the 
record of immigrants is fragmentary and of little value. Prior to that 



loO COLONIAL MARYLAND 

it accrued, was in 1777. That 3^ear, land in Maryland, for 
the first time, was made the subject of direct taxation. The 
Act under which this w^as done — one of the earliest passed by 
the first General Assembly of the Republic — provided that 
from ' ' them ' ' should be made ' ' complete lists of the names 
and quantity of acres of every tract of land, and to whom the 



time, however, it is safe to say that nearly every one who came as a 
"transport" had his name recorded, and of these an index has lately 
been compiled in the Land Office of the State. 

It was found that of the 20,859 persons who came to Maryland prior 
to 16S0, 15,640, or 74.98 per cent., were males, and 5,219, or 25.02 per 
cent., were females. Eighty-two family names were represented by 
more than twenty-five persons each, and aggregated 4,471 immigrants, 
being 22 87 per cent, of the whole number. The Smiths lead with 262 
representatives, but the Joneses are a close second, with 254, and if we 
include the twenty five Joaneses — evidently a misspelling — they lead the 
Smiths by seventeen. The Williamses hold a respectable third place, 
with 194 names, and the Johnsons are not a bad fourth, with 133. The 
Davises and Taylors each number over a hundred. 

Thei'e is little doubt that the diflferenl spellings of the same sound- 
ing name are to be attributed more to the clerks, who had no settled rule 
about it, than to the fancy of the individuals, very few of whom, proba- 
bly, could spell at all. 

Twenty-nine of the ships, which traded with the mother country, are 
recorded in the index, including the Ark, and among them we find the 
names, Baliimore, Cecilius, Constant Friendship, Golden Wheat Sheaf, 
King Solomon, Maryland Merchant, True Love, and others. 

Most of the old noted families of the State, have here recorded the 
first of their names who came to Maryland^the Lloyds, Goldsboroughs, 
Tilghmans, Dents, Winders, and scores of others. There was also an 
Arnold Elzey in those days. Naturally, there were some odd names — 
" Ringing Bell " and "Thomas Birdwhistle" have a cheerful sound; 
"Peter Blackboard", is decidedl)' pedagogic ; "Nicholas Broadway", 
smacks of arrogance ; while, " Samuel Churchyard ", casts a gloom over 
the company, which needs "Hannah Godsgrace'', as an antidote. 
"John Godi-grass" and "James Tendergrass " are properly within easy 
reach of " Mary Greengoose". We run across "John Halfway ", "John 
Halfehead " — who, by the way, sat in the first Assembly, in 1634 and 
1635 — and "Thomas Halfpenny ". " Margaret Kutbrown " suggests the 
fields and forests of merry England. "Edward Rainbow" seems to 
have faded away in the morning of the young commonwealth, as we 



THE LAND TENURE loi 

same belonged ' ' , for the tax commissioners of the several 
counties, as a means of supplying the data and information by 
which the new law was to be put into operation.' 

Thus was the fabric of Maryland's early land tenure 
swept away by the storm of the American Revolution. All 
landed rights which were granted under the Charter to Cecilius 

find no further trace of him. "Robert Sidebottom " is a little contra- 
dictory. "Francis vSilversides" was a palpable anacronism ; he should 
have lived in our day, and repre.sented Nevada in the Senate of the 
United States. "James Wildgoose " led quite a flock into the colony, 
but they seem to have sought other feeding grounds In "All Saints 
Buelis" and "Jehovah Jones", we catch a strong whiff of the Puritan 
element in Baltimore's followers. "John the Fidler " is suggestive of 
revelry. 

While the Maryland colony was, in the main, free from hostile 
Indian incursions, its early history had, nevertheless, its tragic side, as 
we discover in the following entry : " Richard Thompson further pray- 
eth, in consideration of tran.sporting his wife, child, maidservant, Don- 
sabel Gladdus, and other two men servants, that is to say John Thomp- 
son and Hubert Smith, to have confirmed to him the island to the south- 
ward of the Isle of Kent, called Poplar's Island, which he was possessed 
of by grant of Capt. Wm. Claybourne, and where he inhabited till in 
the year 1637 they were massacred by the Indians. 

Negroes were brought in very early, the first entry being of "Dina" 
in 1637. A few others are named including Malhias Tousa, "amolatlo. " 
It would seem that lands were not always granted for negroes trans- 
ported. Thomris Skinner, in 1664, transported fifteen persons, including 
the negroes Robert, Francis and Maria, but "rights" were refused for 
the negroes. 

Lord Baltimore made many special grants of land to friends, and 
gave substantial recognition to those who had performed meritorious 
service. Thus, in a special warrant dated at Loudon, May 22, 1637, his 
lordship recites : 

'■ Whereas we are informed that Cyprian Thoroughgood hath done 
unto us and the colony good .service, especially in the business of 
Pocomoke, we have therefore thought fit, at his request and for his 
better encouragement, to give him 300 acres of land" 

A similar warrant was given to Lieut. Robert Troop for " services at 
Severn;" and also to John Bayley, "son of John Bayley, late of our 

I Act, 1777, C. 21. 



I02 COLONIAL MARYLAND 

Calvert, the Baron of Baltimore, became merged in the sov- 
ereignty of Maryland and vested in her citizens, and lands 
became allodial, subject to no feudal incidents and to no 
tenure, save allegiance to the State.* 



said province, planter, who lost his life in our service in Anne Arundel 
county in the late war there." 

The allusions to expeditions to distant parts of the colonj' are fre- 
quent, but unfortunately no details are given. 

A strange warrant was given to John Abbington, Gent., "to hunt 
wild cattle and keep an Indian." — Baltimore Sun, Feb. 9, 1894. 

I 10 G. & J. Maryland Reports, p. 444" 



4* 



CHAPTER V. 

^be Xan^ tenure of Colonial fll^ar1?lan^. 



■^■^■^ 



THERE was no legally established system of transferring 
land in the earlier history of Marjdand, and the records 
are replete with examples of the inconveniences felt and 
the losses sustained in consequence of it. 

In the absence of a better method, it was usually done by 
writing the transfer on the back of the patent, or on a sepa- 
rate sheet of paper and delivering it to the grantee, or by 
placing the grantee in possession of the land by livery of 
seizin. ^ 

The latter — a mode of conveyancing at common law — was 
accomplished by the actual or constructive entry of the 
grantor and grantee on the land, which was then symbolically 
delivered in the presence of witnesses from the neighborhood, 
thus giving notoriety to the the transaction and making 
known the change of owners.^ In 1663, a more uniform 
system of conveyancing was adopted. By this Act, transfers, 

I Kilty, Appendix, p. 36; Bozman, p. 58. 2 Blackstone. 

On Saint Gabriel's Manor (now Point Lookout) Martin Kirk, in 
1656, was given seizin of a part of the Manor "by the rod ", which was 
done by the steward and said Kirk each taking hold of an end of the rod, 
and the former saying, in the presence of witnesses, "the lord of this 
manor, by me, the steward, doth hereby deliver you seizin by the rod, 
and admit you as tenant of the premises", and the said Kirk, "in full 
court", "having done his fealty to the lady of the manor ^Tiliss Mar- 
garet Brent) is thereof admitted tenant ",— Bozman, p. 581. 



I04 COLONIAL MARYLAND 

by bargain and sale, of real estate were to be in writing in- 
dented and sealed, and recorded within six months, either in 
the Provincial Court, or in the Court of the County in which 
the land lay.' 

To this was added, in 167 1, the necessity for the acknowl- 
edgment of deeds, to be made either before a Judge of the 
Provincial Court, two members of the Privy Council, or two 
Justices of the Peace of the County in which the land was 
situated, the acknowledgment of married women to be taken 
privately, and out of the hearing of their husbands. ^ 

These Acts, however (which were re-enacted in 1692, 
when the government of the Province was assumed by the 
Crown), did not apph^ to conveyances of land made by Lord 
Baltimore, and were confined in their application, as between 
other persons, to deeds of " bargain and sale " only' — a deed 
in which the grant is made for a valuable consideration, as 
distinguished from a feoffment — a deed of gift, accompanied 
b}' formal delivery of the property.^ 

As enrollment took the place of livery of seizin, the latter 
became unnecessary after 17 15, in case the deed was recorded ; 
but, as no deeds could be recorded, except deeds of " bargain 
and sale", this ancient custom still continued in practice, to 



1 Archives Act, 1663, p. 489. 

Bozman says a system was adopted in 1639, but this is an error. 
A bill for that purpose was introduced, but did not pass. Bacon inti 
mates that the Act of 1663, did not pass, but this is an error also. See 
Archives (Ass. Pro. 1663) p. 487, and same 1666, p. 46. 

2 Archives, Act, 1671, p. 305. 

3 2 H. & McH. Maryland Reports, p. 279. 

4 If, however, the owner of the property was a non-resident, but a 
"truder" in the Province, before the deed or conveyance became ffTec- 
live, the per.M)U to wlioui it was made had to give bond, approved by the 
Chancellor, to pay and satisfy all debts of the grantor due and owing to 
any person or persons living in the Province, to the extent of the value 
of the land conveyed. — Act 1753, C. 36. 



THE LAND TENURE 105 

give efficacy to other species of conveyancing, and it was not 
until 1766, when provision was made for the ackowledgment 
and enrollment of all kinds of deeds, that it was formally abol- 
ished.^ After 1766, deeds took effect from the date of their 
execution, and not from the date of enrollment, as the law 
had hitherto provided they should.^ 

The old custom of indenture — cutting the deed unevenly 
on the top and sides so as to make it correspond to a duplicate 
— was as indispensible to the validity of deeds in early Mary- 
land as was the name of the grantor. And it was necessary 
too, for it to be actually indented, and not simply an indenture 
in name. 

The last mentioned Act made this unnecessary as to feof- 
meuts and other deeds to which it extended, but as it did not 
apply to deeds of ' ' bargain and sale ' ' , then the most general 
in use, the indenting of that class of deeds continued to be 
necessar)^ until 1794, when this requisite was declared no 
longer essential.' 

A good possessory title to lands in Maryland, could be 
acquired under the Act of 1663, by an "undisputed, contin- 
uous, and uuinterrupted possession" for the period of five 
3'ears, except as against married women, infants, lunatics, and 
persons out of the Province, or of unsound mind, any of 

1 10 G. & J. Maryland Reports, p. 443 ; Act, 1715, C. 47. 

2 Act, 1766, C. 14. 

Under the Act of 1766, C. 14, deeds had to be acknowledged either 
in the Provincial Court, or before a Judge thereof; or in the County 
Court, or before two Justices of the Peace. If made before either of the 
two latter, and out of the county in which the land lay, the clerk's cer- 
tificate to their official character was required. Deeds thus acknowl- 
edged could be enrolled either in the county in which the land lay, or in 
the Provincial Court, and, after 1776, in its successor, the General Court 

—2d H. & McH. Maryland Reports, p. 451. 
3 2 H. & McH. Maryland Rep, p. 176 ; Act, 1766, C. 14 ; Act, 1794, C. 57. 



io6 COLONIAL MARYLAND 

whom could sue for the recovery of the lands within five 
years after the removal of such disability.' Nor did it apply 
to the Proprietary of the Province, as to his unpatended lands, 
though it did as to those he claimed by escheat, until he had 
formally repossessed himself of them. " 

The Act of 1663, however, did not remain in force many 
years. It was superseded by the English statute (21 James I, 
ch. 16), and the one by which questions of possessory title are 
still determined in Maryland.* 

The descent of lands in early Maryland was regulated by 
the English rules and canons of inheritance. B3' the Act of 
1642, lands were to " descend to the heir who hath right by 
the law of Pingland ". If such heir was not in the Province, 
the heir next in succession was to hold it for his use, which 
possession, if landisturbed for seven years, ripened into actual 
ownership. The widow, in addition to one-third of the land, 
was entitled to the mansion house during her widowhood.* 
Among the curious bills introduced in the first Assembly held 
in the Province, but which, like all the others of that session, 
failed to become a law, was one which deprived a woman of 
lands descending to her, unless she married within the age 
fixed by law.* 

Under the English rule, thus introduced in Maryland, 
males inherited to the exclusion of females, and of the male 
issue, the oldest son, in the absence of a will, succeeded to the 
entire estate. Custom followed close to the law, and even 
where wills were made, the oldest son generally received the 
' ' lion's share " of the estate. 

1 Archives, Act, 1663, p. 501. 

2 3 H. & J. Maryland Reports, p. 507. 

3 I H. & J. Maryland Reports, p. 350 ; Venable, p. 23. 

4 Archives, Act, 1642, p. 157. 5 Shea, p. 51. 



THE LAND TENURE 107 

This partial and unjust rule of "primogeniture", as it 
was called, had its origin in the feudal ages, when it was 
deemed important to keep the estate entire, and when the 
oldest son was supposed to be the one best capable of taking 
his father's place, and of performing the military services 
which were incident to the grant. L,ater, it was maintained 
in England as a means of supporting nobilit}^ and its titles. 
Its introduction in Maryland was not due to either of these 
reasons, though it did, in effect, help to sustain the leadership 
of the great Maryland families, but was most probably the 
result of the want of a better system, and the bondage of the 
people, at that day, to English traditions and institutions.^ 

At the time of the American Revolution, however, Eng- 
lish ideas and customs were not so popular in Maryland, and 
in 1786, the General Assembly declared, "that the law of 
descent in Maryland, which originated in the feudal system 
and military tenures in England, was contrary to justice, and 
ought to be abolished". It was, accordingly done, and sub- 
stantially the same rules of descent as those now in force, were 
adopted in its stead. '^ 

The law of entailments, by which lands could be trans- 
mitted for generations in the line of a particular heir, was also 
practically swept away by the same Act, which declared, that 



1 There were, also, certain local modes of inheritance, which pre- 
vailed in England by custom, such as "borough English " and "ultimo- 
geniture" — the former the right of the youngest son to the entire estate, 
and the latter the right of the youngest son to the homestead. These 
customs were predicated upon the theory that the oldest sons were pro- 
vided for during the lifetime of the father, and that the youngest remained 
at home and cared for his parents in their old age and infirmity. They 
were never introduced in Maryland, but the latter of them did prevail in 
some of the New England colonies, and, it is said, still exists in some of 
the northern counties of New York. — Social Condition of the Colonies. 

2 Act, 1786, C. 45. 



io8 COLONIAL MARYLAND 

estates in tail general, should descend \u fee simple, and to the 
same heirs at law, as fee simple estates. 

An Act' had hitherto been passed, making it practicable 
to "bar" or "dock" entailments, by a simple conveyance of 
the property, and though neither of these, in terms, converted 
estates in fee tail into fee simple estates, they did so in effect, 
by vesting in the owner all the rights and powers incident to 
the ownership of fee simple estates. ^ 

While entailments found a successful lodgement in Mary- 
land, the restrictions surrounding them were too numerous 
and inflexible for popularity, and the records furnish repeated 
instances of efforts having been made to " dock " them by the 
old process known as " ' common recovery ' ' , long before the 
Revolution. * 

Under the Maryland Charter, the Proprietary was ex- 
pressly authorized to erect manors "according to English 
customs and usages", and in the exercise of this right, he 
directed that every distinct tract of two thousand acres, or 



I Act, 1782, C. 23. 2 21 Maryland Reports, p. 477. 

The Act of 1786, providing for the descent of estates tail, applied 
only to estates of fee tail general — those limited to heirs of the body 
general!)'. This Act, as re-enacted in 1S20, is the one now in force, and, 
as it does not embrace estates tail special — those limited to particular 
heirs of the body — the latter class, it wonld seem, can still be created 
and exist in Maryland, but subject always to the possibility of being 
barred by the tenant in tail conveying the property as provided by Act 
of 1782, which applies to all classes of entailments, and which makes the 
grant of the tenant in tail, operate to convert the entailment into a fee 
simple estate. 

3 It is curiously recorded of one of the patriarchs of Colonial Mary- 
land, that, when importuned by his sons to break the entailment upon 
his estate, replied . " If one of you inherit the whole estate, I shall be 
responsible for the production of one fox hunter ; if I divide it, I shall 
make as many fox hunters as I make heirs", thus illustrating the preva- 
lence of this sport among the landed gentry of that day. 

— Old Maryland Manors, p. 11. 



THE LAND TENURE 109 

more, might be erected into a manor, under such name as the 
owner desired. ' 

While many of the larger tracts in Maryland were called 
manors by reason only of the quantity of land they contained, 
there were a large number of manors, formally erected in the 
Province and invested with all the " royalties and privileges 
usually belonging to manors in England ' ' , among them the 
right of the lord of the manor to establish and hold Courts 
Baron and Court Leet. ^ This clause in the grant of Mary- 
land manors, was not a mere ' ' high sounding sybol ' ' , but 
meant the practical introduction into Maryland of the English 
system of manorial holdings, with all the customs, powers, 
and emoluments, as well as the halo of importance and dignity 
attached thereto. 

The bestowal of this privilege upon the first Baron of Bal- 
timore — one which was at that time denied the great feudal 
Barons of England — indicates the high favor in which he was 
held by the Crown, and its incorporation in the Maryland 
Charter shows that he possessed a keen perception of its prac- 
tical bearing on his Maryland enterprise. Through the sys- 
tem he not only made provision for the government of the 
larger landed communities by which they would be kept under 
control, and yet he be relieved of settling their local affairs, 
but it placed him in a position to gratify the strong demand of 
the times for local self-government, and at the same time 
check any undue growth of that spirit and prevent it reaching 
dangerous proportions. ' 

1 By the first Conditions of Plantation, tracts of one thousand acres, 
or more, might be eiected into a manor, but after 164 1, the right to erect 
manors was restricted to tracts of not less than two thousand acres. 

2 For an account of the Manorial Courts in Maryland, see Chapter, 
The Judicial System of Colonial Maryland. 

3 Local Institutions in Maryland. 



no COLONIAL MARYLAND 

On the Maryland manors, generally resided the lord of the 
manor and his tenants, among whom the land was divided into 
small farms. ' Some of the tenants were mere renters from 
year to year ; others held under leases for life or a term of 
years, while others purchased and owned the land on which 
they lived, but subject to all the duties and customs of manors 
in England. Among these, were rent, escheat, forfeiture, 
fines for selling or devising the tenament, or a change in the 
ownership by death of the tenant intCvState, attendance of all 
between the ages of twelve and sixty years upon the Manor 
Courts, and the oath of fealt}^ to the lord of the manor. 

To the lord of the manor also belonged all escheats and 
forfeitures accruing from the land leased or sold, the former 
extending not only to cases in which the tenant died without 
heirs, but to those also, in which the tenant was in arrear in 
rent, and did not have sufficient personal property on the 
premises to pay it by distraint, and the latter to cases of rebel- 
lion. Instances are furnished in which both of these rights 
were exercised upon Governor Leonard Calvert's manors, the 
escheats being for non-payment of three years' rent, and the 
forfeitures for participation in Ingle's rebellion.^ 

In addition to the large number of manors laid out for 
private individuals, the Proprietary had at least two, of not 
less than 6,000 acres each, surveyed in every county, and set 
apart for his own use. ' Many of these were still in his pos- 
session at the time of the Revolution, and were subject to the 
Maryland Act of confiscation, among them the one. of 10,000 



1 In Maryland, the demesne (the part occupied by the manor house, 
etc.) was the sixlh part of the manor, that had to be liistinctly set apart, 
and which could not he alienated, separated, or leased for a period longer 
than seven years. — Kilty, p. 39. 

2 See details of these proceedings in Kilty's, p. 103. 

3 Kilty, p. 63. 



THE LAND TENURE ill 

acres lying westward of Fort Cumberland, erected in 1764, 
and which, with other lands, was divided into "military lots" 
after the Revolution, and awarded to the ofiScers and soldiers 
of the Maryland Line. ' 

There were, also, large manors laid out for the Indians, 
the principal one, perhaps, being Calverton Manor, containing 
about 10,000 acres, and located, says the order directing it, on 
' ' a tract of land at the head of Wicocomico River, called 
Choptico". It was erected in 1651, for the "six nations", 
who wanted to be placed under the protection of the Maryland 
government. This scheme of colonization, however, of making 
copyhold tenants of the Indians, seems to have been abortive, 
at least, so far as instituting a confederacy of the different 
tribes is concerned, as in 1692, the only one of them appar- 
ently living on the manor was the Chopticons. " 

The gradual decline of the manorial system in Maryland, 
was not due to adverse feeling against the institution of 
manors and manorial customs, but to the introduction of 
slavery. When labor from that source became abundant and 
cheap, land could be worked more profitably with slaves than 
by tenants. The former, therefore, gradually supplanted the 
latter, and the " Maryland manor " became in time a " Mary- 
land plantation ", cultivated by slaves, either in its entirety or 
as separate estates. 

It has been charged that it was Baltimore's plan to 
found in Maryland an order of nobility, based on baronial 



I Ibid, pp. 332-350. 2 Archives (CI. Pro. 1692) pp. 3-36. 

There were also large tracts laid out on the Eastern Shore, for the 
Choptank and Nanticoke Indians (Kilty, pp. 351-355) — these tribes were 
the remnants of the Kiiskarawoaks ^ once famous as the great makers of 
peake and roanoke (Indian money). Peake was more valuable than 
roanoke, but they both consisted of shell — the former of the conch, the 
latter of the cockle — wrought into the shape of beads. — Day Star, p. iii. 



112 COLONIAL MARYLAND 

holdings. It is true, the Charter"' expressly provided that 
dignities and titles could be conferred, and incidentally, that 
a provincial peerage might be established, and that among the 
bills transmitted by Baltimore to the Assembly, in 1637 (but 
which, with the others sent, was rejected), was a "Bill for 
Baronies ". It is, however, also true that after the bill which 
was subsequently passed, substantiall)^ as prepared by him,^ he 
vetoed it,^ either from political reasons, growing out of the 
claim he was at that time making that he, and not the Assem- 
bly, had the right to initiate legislation, or from prudential 
motives which prompted a reconsideration of his original plan 
of founding " Baronies" in the Province. 

Be this as it may, it is highly probable that the " Bill for 
Baronies", as introduced by him, was a proposition, not for 
an order of nobility, but for the creation of political subdivi- 
sions, such as are still known in Ireland as " Baronies ", and 
where Baltimore was then engaged in the enterprise of coloni- 
zation.* 

At the session of 1639, two bills were introduced, but not 
passed, constituting the lords of manors a privileged class ; 
the one providing, that they should onl}- be tried by a jury 
composed of lords of manors, if so many could be procured, 
and, if condemned to capital punishment, they were, unlike 
the body of people, to be executed by being beheaded, and 
not by hanging ; the other, that lords of manors should be 
eligible, like members of the Council, to seats in the Assembly 
without election by the people," but it nowhere appears that 
Baltimore was interested in the passage of either of them, or 
responsible for their introduction. 



I Section 14. 2 The Foundations of Rlarylaiid, p. 40. 

3 Ibid ; Bozman, 11, p. 67. 

4 Bozman, 11, p. 67 ; The Foundation of Maryland, p. 42. 

5 Archives (Ass. Pro. 1639) pp. 51-74. 



THE LAND TENURE 113 

Yet, whatever his intention may have been as to the crea- 
tion of an order of nobility in Maryland, certain it is, that a 
genuine aristocracy did spring up and develop into a promi- 
nent feature of the colony, as the natural evolution of his land 
system. Nothing could have contributed more, indirectly, to 
the development of an aristocracy, as well as in moulding the 
character and habits of the people, than the land tenure of 
Colonial Maryland. Under its influences, both economic and 
political, land soon came to be esteemed the highest source of 
wealth in the Province, and, a little later, its ownership 
became a mark of distinction and an element of power. 

In earl}^ Maryland there was a property qualification for 
voters, the right of the elective franchise being restricted to 
freemen who had not less than fifty acres of land, or a " visi- 
ble personal estate of £/\o sterling within the County ' ' ; the 
same qualification being required of delegates to the Assem- 
bly,^ and only the landlords and employing classes were sub- 
ject to taxation, which was rated according to the number of 
productive persons under their care — a system, purely aristo- 
cratic both in its intention and tendency. 

From the class recognized as gentlemen, the County 
Court Judges, High Sheriffs, and Upper Magistrates, and, 
indeed, State and county officials generally, were selected, and 
as rural life was then esteemed the most honorable, those of 
this class were all expected to be owners of landed estates. 
They were entitled to be addressed as Esquires, the small 
freeholder and tenant being called Master or Mr. ^ 

These, among other distinctions, between the freeholders 
and those who were landless, and between small landlords and 
the great landed proprietors of the Province ; the importance 
attached to the lords of manors, by reason of their vast 

I McMahon, pp. 445, 449. 2 iicharf, 11, p. 50; Daj- Star, p. 116. 



114 COLONIAL MARYLAND 

possessions and judicial powers, and the strong support which 
the system received from the law of primogeniture and entail- 
ment, were powerful elements in the development of an aris- 
tocracy. 

The isolation, too, of those vast estates, separated as they 
were, by such wide distances, and the solitary life of the 
planters who resided on them, necessarily made their proprie- 
tors rely on their own resources for entertainment, and made 
it also essential that each manor or plantation — being a com- 
munity within itself — should be wholly self-sustaining, and 
wholly independent — a condition they shortly attained. 

Co-operation was not an element of such a society, and 
the absence of this deprived the body of the people of the 
facilities for education which that closer community of feeling 
and association of interests — prevailing in some of the New 
England colonies — afforded, and which, for more than a cen- 
tury, practically restricted education to the sons and daugh- 
ters of the wealthy planters, who could resort to colleges and 
seminaries. This condition intensified the consciousness of 
inferiority in the former class, while it excited in the latter, a 
sense of increased pride in their possessions, and a feeling of 
superiority in their surroundings and station in life. 

And thus it was that the great landlords of the Province 
— political powers of the land and the educated element of the 
communit}' — living upon their vast estates, independent and 
within themselves, possessing wealth without riches, dispens- 
ing that abounding hospitality, and cherishing that spirit of 
self-reliance and invincible independence, for which the society 
the soldiery, and the statesmanship of Maryland became 
renowned. 



CHAPTER VI. 

Zbc 3uMcial System of Colonial flDari^lanb, 



THK Palatinate jurisdiction conferred on the Baron of Bal- 
timore, over the Province of Maryland, as well as the 
powers expressly given by the seventh section of the 
Provincial Charter, are the corner-stones of the judicial .system 
of Colonial Maryland. These accorded to him the full and 
sole authority to ordain judges, establish courts, and define 
their jurisdiction, and the manner and form of their proceed- 
ings. 

This right he first exercised by commission, the earliest 
one extant being that of April 15th, 1637, by which he ap- 
pointed Governor Leonard Calvert, Chief Justice and Chan- 
cellor of the Province, and invested him with full power to 
award process, hold pleas, and to hear and finally determine 
all civil actions, suits, and demands, both in law and equity, 
as well as all criminal causes, except that where a life, mem- 
ber, or freehold were involved, at least two members of the 
Privy Council were to sit with him.^ Causes were determined 
by the common law of England, except where superseded by 
a provincial statute, and except, also, where life, member, or 
freehold were concerned, which could only be taken away by 

I Archives (CI. Pro. 1637) p. 49 



ii6 COLONIAL MARYI^AND 

an express law of the Province.' This, in 1642, was extended 
to persons who were outlawed or fined more than 1000 lbs. of 
tobacco. '^ 

Baltimore, however, soon submitted the General Assem- 
bly to regulate the perfunctory matters appertaining to the 
administration of justice in Maryland, such as the time, place, 
and manner of holding courts, and also to define their juris- 
diction and the compensation of their judges, but the right to 
appoint the judges he alwaj'S retained and exercised himself, 
or through his representative, the acting Governor ; and he 
also required that all courts should be held, and that all 
process should issue and run in his name, and not in the name 
of the King or of the Province.^ 

The first exercise of this privilege b)^ the Assembly, was 
in 1638, O. S., when an Act was passed vesting jurisdic- 
tion throughout the Province, in all civil, as well as criminal 
causes, in the Governor ; in the Commander of the Isle of 
Kent (within that Island), and in the Privy Council, in cases 
in which the Governor was a party ; except that in crimes 
extending to life or member, the offender was first to be 
indicted and then tried by at least twelve freemen.* 

Successive Acts were, from time to time, passed,* under 
which the judicial system was gradually developed, and which 
will be noticed in detail, under the head of the several courts 
of the Province. 



1 McMahon, p. 113 ; Act, 1642, C. 4; Act, 1646, C. 2. 

2 Archives (Ass. Pro. 1642) p. 184. 3 McMahon, pp. 156, 157. 

4 Archives (Ass. Pro. 1638) p. 83. 

5 In 1638, an Act was introduced providing for a specific arrang- 
ment of the judicial system of the Province, but it did not reach its 
third reading, and was- not pas.sed. — (Archives, Ass. Pro. 1638, p. 39.) 
Bozman, however, devotes much space in explaining the tenor of this 
Act, which is misleading unless critically read, as the courts therein 
named were not established. 



THE JUDICIAL SYSTEM 117 

The first judicial officers appointed for Maryland, except 
the commission to the Governor and Council of 1637, before' 
referred to, were Justices of the Peace. ^ 

As early as January, 1637, O. S., one was commissioned 
for Saint Mary's County, and in February of the same year, 
three were commissioned for Kent.^ The jurisdiction of these 
Justices was defined by their commissions, and was more com- 
prehensive than that given to those subsequently appointed 
who were only constituted conservators of the peace, and 
with the powers and duties incident to the office of justice of 
the peace in England.^ 

In 1 7 15, they were given jurisdiction, concurrently with 
the County Court, in all civil causes within their respective 
bailiwicks, in which " the real debt or damage doth not exceed 
400 lbs. of tobacco, or 33 s. and 4 d. in money",'* but this, 
apparently, did not apply to controversies with the Indians, as 
two years later an Act was passed, in which, after reciting 
the inconvenience of having such matters brought before the 
Governor and Council, Justices of the Peace were authorized 
to try and determine disputes between the ' ' English and In- 
dians", not exceeding 20 s. sterling.^ 

The first time Justices of the Peace were given jurisdiction 
exclusive of the County Courts, was in 1753, and at that time 
it was also increased to 600 lbs. of tobacco or 50 s. currency.* 
From their decision an appeal would lie to the County Court, 



1 The Court of Piepoudre, or market court, authorized by the char- 
ters of the cities of Saint Mary's and Annapolis, while a part of the 
system of Maryland jurisprudence, yet, being so circumscribed in terri- 
torial jurisdiction, are not treated here. For a brief notice of these 
courts, see Chapters ; The First Capital of Maryland. 

2 Archives (CI. Pro. 1637) pp. 60, 62. 3 Ibid, 1661, p. 422. 
4 Act, 1715, C. 12. 5 Act, 1717, C. 14. 
6 Act, 1753, C. 13. 



ii8 COLONIAL MARYLAND 

which at first applied to all cases, but in 1763, the right of 
appeal was limited to cases in which the amount involved 
exceeded 400 lbs. of tobacco, or 33 s. and 6 d. in money, and 
to stay execvition pending the appeal, a bond had to be filed 
in double the amount of the judgment.^ The constables were 
the executive officers of the Justice's Court. ^ 

Two Justices of the Peace could take the acknowledgment 
of deeds, ^ and a single Justice could take the probate of any 
account,^ and administer the oath of office to all government 
officials^ and public inspectors.^ 

Justices of the Peace were appointed by the Governor, 
were usually the leading men of the county, and constituted, 
with those known as Justices of the Quorum, the County 
Court. 

The first County Court held in Maryland, of which there 
is any record, met at Saint Mary's, on the 12th daj^ of Feb- 
ruary, 1637, O. S. It was presided over by the Governor 
and two members of Council. A grand jury of twenty-four 
freeman was impaneled and sworn, and several indictments 
found," but by a singular coincidence they were for offences 
which the Court, by the express terms of its commission, 
could only determine by a statute of the Province for such 
cases made and provided, and Baltimore having vetoed all 
Acts passed by the Assembly up to that time, the Court found 
itself in the unique position of having before it, prisoners 
arraigned and no laws by which to try them.' 

But the General Assembly, which was then in session, 
did not propose to let the offenders go unwhipt of justice, and 

I Act, 1716, C. 5. 2 Act, 1763, C. 21. 

3 Act. 1715, C. 15. 4 Act, 1715, C. 47. 

5 Act, 1729, C. 20. 6 Act, 1763, C. 18. 

7 Archives (Pro. Ct. 1637) p. 21. 8 Ibid; Bozman, pp. 60, 575. 



THE JUDICIAL SYSTEM 119 

believing itself equal to emergency, and not bound by the 
restrictions imposed upon the Governor and Council in their 
judicial capacity, resolved itself into a high court of justice, 
assumed jurisdiction of the cases, and, with the acting Attor- 
ney General, John I^ewger, tried and convicted the prisoners 
of murder, the crime for which they were indicted.^ 

This Court, however, while called a County Court, was 
not such, as they were subsequently organized, but was the 
Provincial Court, sitting as a County Court, which it con- 
tinued to do for the County of Saint Mary's until new coun- 
ties were erected, and which had, until its limits were thus 
curtailed, embraced the whole of the western shore, as distin- 
guished from Kent, on the eastern shore. For the latter, a 
special Court was at first instituted, with a Chief Judge and 
two Associates, and with jurisdiction over civil causes to the 
extent of 1200 lbs. of tobacco, and over all crimes and offences 
not punishable with loss of life or member.^ 

The earliest reference to a County Court, among the 
legislative proceedings in Maryland, was in 1638, when an 
Act was introduced, but not passed, "for the erecting of a 
County Court ".^ The next, is the Act of 1642, which refers 
to them as existing tribunals, from which it may be inferred 
that the Proprietary had, in the meantime, instituted tliem. 
This Act fixed the terms of court, and provided the oath for 
the Justices, the order of trials, method of appeal, and the 
manner of drawing the jury, and of selecting the Sheriff, ' the 
latter being done by the Court placing three suitable persons 
in nomination, from whom the Chief Judge appointed the 

1 Archives CAss. Pro. 1637) pp. 16, 17, 18. 

2 Archives (CI. Pro. 1637) p. 62. 

3 Archives (Ass. Pro. 1638) p. 47. 4 Ibid, 1642, pp. 147-152. 



I20 COLONIAL MARYLAND 

SheriflF of the County for the ensuing year. ^ This method of 
selecting the Sheriffs of the several counties, continued until 
1662, when, upon the nomination of three persons by the 
County Court, the Governor, and not the Chief Judge, made 
the appointment." 

In 1676, the right to nominate the Sheriffs was taken 
away from the County Courts by the repeal of the Act of 
1642,^ after which the power of appointment was exercised by 
the Governor alone. In 1692, their term of office was ex- 
tended to two 3'ears, and in 1699, to three years,* on which 
basis it continued until the Revolution.* 

The Clerks of the County Courts were appointed by the 
Secretary of the Province, ^ this being one of the prerogatives 
belonging to that office. In 1691, the question of depriving 
the Secretary of this privilege was agitated, but it resulted in 
no change, the decision, however, being that the office " ought 
not to be sold ",'' but, as the Secretary had to give security for 
the "good behavior" of the County Clerks, he was allowed 
to receive one-tenth of the fees and emoluments of the ofl&ce.' 
They were appointed at will, but generally held offfce during 
good behavior, ' and besides keeping the Court records, they 



I Ibid. 2 Ibid, 1662, p. 45.. 

3 Bacon, Act, 1676, C. 2. 

4 Tlie duties performed by the Sheriflfs in early Maryland, were very 
similar to those incident to the office of SheriflF in England. Besides 
serving writs and processes, imprisoning criminals, and inflicting pun- 
ishmt-nls, it was also incumbent upon them to proclaim at the County 
Courts, the late Acts of the Assembly ; to collect county and parish rates 
or dues ; to supervise the return of taxables ; and to perform such other 
duties as were incumbent upon the Sheriflfs in England, and which the 
Governor, the Assembly, or the Courts might, from time to time, order 
and direct. 

5 Archives (CI. Pro. 1671, pp. 23, 136. 

6 Act, 1692, C. 25 ; Act, 1699, C. 26. 

7 Archives (CI. Pro. 1691) pp. 289, 293. 

8 Ibid, Sharpe, Cor. p. 6; Ibid, CI. Pro. 1671, p. 136. 



THE JUDICIAL SYSTEM 121 

were the keepers of the County Seal/ and the records of all 
births, marriages, and deaths of white persons within their 
respective counties. ^ 

Each County Court had a Crier and a Bailiff.*^ The 
County Courts were presided over by Justices of the Peace 
or Commissioners, who were appointed by the Governor, and 
a reference to their names shows them to have been among 
the most prominent men in the Province. A distinction was 
made between the Justices of the Quorum, who were presumed 
to possess higher qualifications, and the other Justices in the 
Commission, the presence of one or more of the Quorum 
Justices being necessary at each session of the court to give it 
legality. The Justice of the Quorum first named in the 
Commission was the Chief Judge, and in his absence the one 
next named presided.* 

The number of Justices varied in the several Counties 
from six to twelve, four of whom being necessary to constitute 
a legal session of the court. ^ But to prevent a discontinuance 
of the court, two Justices, one being of the Quorum, could 
call and adjourn'' it to a future day.' 

The Justices of the County Courts were paid a per diem, 
each receiving 80 fts. of tobacco for each day of attendance,' 
and in order to insure their presence, they were subject to a fine 
of loofts. of tobacco for non-attendance, without good cause.' 

The County Courts were Courts of Record,'" and in their 
earlier history they held six terms a year, consisting of the 



I Archives (Ass. Pro. 1671) p. 294 2 Ibid, 1691, p. 529. 

3 Act, 1763, C. 18 4 Archives (Ass. Pro. 1642) p. 183. 

5 Archives (CI. Pro. 1661) pp. 422, 424 ; Ibid 1675 pp. 65, 69. 

6 A failure to meet or adjourn Court on the first day of the term, 
left its proceedings " without a return day " — a defect that could only be 
cured by Act of Assembly. See Archives, Act, 1794, p. 137. 

7 Act, 1715, C. 14 ; 1756, C. 6. 8 Act, 1716, C. 11. 
9 Archives (Ass. Pro. 1663) p. 497. 10 Ibirl, 1678, pp. 70, 71. 



H 



122 COLONIAL MARYLAND 

first six successive days of everj^ alternate month, but later 
they were reduced to four terms a year. They began for the 
Counties of Talbot, Baltimore, Saint Mary's, and Worcester, 
the first Tuesday in March, June, August, and November ; for 
Dorchester, Cecil, Anne Arundel, and Charles, the second 
Tuesday ; for Calvert, Kent, Somerset, and Frederick, the 
third Tuesday, and for Prince George and Queen Anne, the 
fourth Tuesday of said months. ' 

In 1663 the County Courts were directed to provide a 
pillory, ducking-stool, whipping-post, stock, and branding- 
irons for their respective Counties,^ and in 1674, a Court house 
and Prison were ordered to be erected in each County, under 
the direction and supervision of the Justices of the several 
Counties, which order appears to have been promptly complied 
with.* They were also required to make court rules, ^ a copy 
of which had to be " kept sett up att the Court house doore ' ' , 
and to purchase Keeble's Abridgments of the statutes of 
England, and Dalton's Justice, for the use of the Count)' 
Courts. '" Among the other administrative duties incumbent 

1 Ibid, 1648, p. 232 ; Acts, 1715, C. 4 ; 1742, C. 19 ; 1748, C. 15. 

2 Archives (Ass. Pro. 1663) p. 490. 

3 Ibid, 1674, p. 413, Ibid, 1675, p. 447. 

4 The first regulation of the County Court of Cecil, of the year 1721 
reads : '* When the Justices meet together at the Court house, to hold a 
court, one of them shall order the Crier to stand at ihe Court house door 
and make three " Oyeses " and say, all manner of persons that have any 
business this day at his Majest)''s Court, draw near and give your atten- 
tion, for the Court is now going to sit : " God save the King ". Rule 7 
reads: "the plantiflfs attorney standing up and direct himself to the 
court & then to the jury if any and open his client's case after the clerk's 
reading the Declaration * * * and when done he to sitt down and then 
the Defendant's Attorney to stand up and answer him as aforesaid & not 
to speak both together in a confused manner or indecently ". Rule 9 
prescribed that no one presume to keep his baton in court except " anj' 
of the Gentlemen ol his Majesty's Honerable Council ". — ^Johnsons His- 
to'-y of Cecil County, p. 244 & 246 ; Local Institutions in Maryland, p. 89. 

5 Archives (Ass. Pro. 1678) p. 70. 



THE JUDICIAL SYSTEM 123 

upon the County Courts were, to levy county taxes,' assess 
parish rates, ^ and fix their boundaries,^ and to appoint the 
keepers of weights and measures,^ road supervisors,' consta- 
bles, and press masters/ 

The Sheriff selected and summonsed the grand and petit 
jury for the County Court, which had to be done at least ten 
days before court convened.' Those exempt from jury service 
were, delegates, magistrates, coroners, schoolmasters, over- 
seers of highways, and constables, and no one was eligible as a 
petit juror who had any cause depending for trial at that term 
of the court* The jury thus summonsed were compelled to 
serve, unless excused, under penalty of 500 fts. of tobacco." 
The same penalty was attached to witnesses, summonsed 
before the County Court, and not attending, besides being 
liable in damages to the party injured ])y the loss of their 
testimony.'** 

The compensation allowed grand jurors was within the 
discretion of the court, but could not exceed 500 tbs. of tobacco 
a piece per term, and was paid by the County. ' ' The petit jury 
received 15 lbs. of tobacco a piece for each day of attendance, 
out of the County levy, and 120 lbs. of tobacco to the panel in 
every case in which they were sworn, to be taxed as a part of 
the costs of the case. ' ^ 

The right, however, to trial by jury, was limited to crimes 
affecting life or member, until 1642, when it was, for the finst 
time in Maryland, extended to all cases, civil and criminal, the 
party demanding it giving security to pay the cost of the jury, 

1 Archives (Ass. Pro. 1671) p. 273 ; Acts, 1704, C. 34; 1748, C. 20. 

2 Act, 1729, C. 7. 3 Act, 1 713, C. 10. 
4 Archives (Ass. Pro. 1671) p. 281. 5 Act, 1704, C. 21. 
6 Act, 1715, C. 15 & 43. 7 Act, 1715, C. 37. 8 Ibid. 
9 Ibid. 10 Ibid. 11 Ibid. 12 Act, 1719, C. 3. 



124 COLONIAL MARYLAND 

except that in criminal cases affecting life or member, the 
demand could be made without furnishing such security. ' 

Witnesses before the County Court were entitled to 30 lbs. 
of tobacco per day, to be taxed with the costs of the case. 
In criminal cases these fees, and indeed the fees of all the 
court officials, including the sheriff and jailer, were paid by the 
County, but only in case they could not be made out of the 
traveser, by way of execution or servitude. ^ 

The jurisdiction of the earlier County Courts, the records 
do not cleary define, the reason for which, perhaps, being that 
until 1650, there were but two civil divisions in the Province, 
whose judicial affairs were administered as before stated. 

In the proclamation erecting Charles County in 1658, the 
jurisdiction of the County Court for that County was limited 
in civil cases to 3000 lt)s. of tobacco, and in criminal causes, to 
those not affecting life or member. ' This, while applicable to 
a single County, serves to show the idea then entertained of 
the scope and character of their jurisdiction. Three years 
later, when justices of the County Courts were appointed, 
apparently for the first time for all of the Counties then 
erected, their jurisdiction was the same as that prescribed in 
1658 for Charles County.* 



I .\rchives (Ass. Pro. 1642) p. 151. 2 Act, 1715, C. 26, — 37. 

3 Liber, P. C. R. p. 52, 54, Maryland Historical Society, 

4 CI. Pro. 1 66 1, p. 422. 

The oath administered to Judges, after the allegiance and fidelity 
clause, was as follows : " To none will I delay or deny right. Reward 
of none will I take for doinu; justice. But equal justice will I admini.ster 
in all thing to my best skill, without fear, favor or malice, of any person, 
according to the laws of this Province, so help me God ''. Liber C. and 
W. H., p. 6. 

The following curious oath was administered to Judges of the County 
Courts, during the reign of George ist: "The subcriber, Do truly and 
sincerely acknowledge profess and testify and declare in my conscience 
before God and the world that our Sovereign Lord King George is 



THE JUDICIAL SYSTEM 125 

The jurisdiction of the County Courts was concurrent 
with the Provincial Court until 1692, when they were given 
an exclusive jurisdiction in civil cases to the extent of 1500 lbs. 
of tobacco and cask/ which in 17 14, was increased to ^20 
sterling, or 5000 lbs. of tobacco, and their concurrent jurisdic- 
tion extended to ;^ioo sterling or 30,000 lbs. of tobacco.^ But 
they could not hold plea where the debt or damage did not 



Lawfull ami rightfull King of Great Brittain and all other the 
Dominions and Countries thereunto belonging and I Do Solonmly and 
sincerely Declare that I do believe in my conscience that the person 
Pretended to be Prince of Wales During ihe Life of the Late King James 
and since his Decease pretending to be and taking upon himself the stile 
and title of King of England — by the name of James the third or of 
Scotland by ye name of James the eighth or the stile & title of King of 
Great Britain hath not any right or title whatsoever to the crowu of the 
Realm of Great Brittain or any other the Dominions thereunto belonging, 
and I do renounce, refuse, and abjure any allegiance or obedience to him 
and I do swear that I will bear faith and true allegiance to his Majesty 
King George and him will defend to the utmost of my powers as^ all 
Traitors Conspiracies and attempts whatsoever w^ic shall be made ag' 
his pson cron & Dignity and I will do my utmost endeavour to disclose 
& make known to his matic & succ's all treasons and traitorous Cou- 
spiraces w^h I shall know to be a«!t him or any of them and 1 do faithfully 
promise to the utmost of my power to support maintain and defend the 
succession of ye Cro^ agt him ye Ld James and all other pson whatsoever 
which succession by an act intittled an act for the further Limitacon of 
the Crown and better securing ye rights and Liberties of the subjects is 
and stands limited to the Princess Sophia Eleciress and Duchess Dowager 
of Hanover and the lieirs of her body being protestants cV all these things 
I do Plainly and sincerely acknowledge and swear according to the 
Express words by me spoken and according to the plain and common 
sence and imderstauding of the same words without any equivocation 
mentall evasion or secret reservasion whatsoever & I do make this 
Recognition acknoleagment abjuracon renouiciacon & promise heartily 
willingly and truly upon the true faith of a christian, so help me God. 

I do likewise Declare that I Do believe that there is not any transub- 
stantiation in the Sacrament of the Lords Supper or in the Elements of 
Bread and Wine at or after the Consecration thereof by any person what- 
soever. Taken from Charles County Court Recoids, Liber, 32, 1729—33 
folio 3. 

I Archives (Ass. Pro. 1692) p. 447. 2 Act, 1714, C. 4. 



126 COLONIAL MARYLAND 

exceed 600 lbs. of tobacco or 50 s. currency, those cases being 
determined exclusivel}^ hy a single magistrate, from whom an 
appeal would lie to the Count}' Court, where the amount 
involved exceeded 33 s. 4 p., or 400 fbs. of tobacco/ In 1773 
they were given exclusive jurisdiction in all civil cases in 
which the}' before had jurisdiction and concurrent jurisdiction 
with the Provincial Court in all other cases. The same act 
gave them jurisdiction, concurrently with the Provincial Court, 
in all criminal matters whatsoever.'"' 

The County Courts also had jurisdiction, concurrent with 
the Provincial Court, in all matters testamentary within their 
respective Counties vmtil 1673, when the Perogative Court 
was established, which however, still left them with jurisdic- 
tion over guardians and orphans, and of the estates of orphans, 
with full power to protect the latter from waste or loss.' It 
was especially incumbent upon them to see that orphans were 
educated, and if their estates were insufficient to admit of this, 
they were to be apprenticed. The June term was known as 
the " orphan's term ", at which it was made the duty of the 
Court to ascertain whether orphans were being maintained and 
educated according to their estates, and whether apprentices 
were being taught their trade and properly treated, and to cor- 
rect any misconduct or dereliction of duty on the part of tlie 
guardians or those with whom the apprentices were placed.^ 

In 1773 the County Court were given jurisdiction in 
equity, concurrently with the Court of Chancery, in actions 
not exceeding ^20 sterling or 5,000 lbs. of tobacco. ' 



I Act, 1763, C. 21. 2 Act, 1773, C. I. 

3 Archives (Ass. Pro. 1654) p. 354; Ibid, 1663, p. 493, 

4 Act, 1715, G. 39. 5 Act, 1763, C. 22. 
Either as a matter of practice or by rule of court, persons were 

prohibited from suing out writs when plaintiffs, and appearing and 
confessing judgment when defendants, except through an attorney. 



THE JUDICIAL SYSTEM 127 

From the judgment of the County Courts, an appeal would 
lie to the Provincial Court. At first the right of appeal was 
without limitations, but in 1692 it was restricted to causes 
in which the debt or damages amounted to not less than 1,200 
lbs. of tobacco,^ which, in 17 13, was made equivalent to £6 
sterling. ^ 

Upon this footing the County Courts remained until the 
revolution, after which they were reorganized and the several 
Counties laid off into districts to be presided over b}^ a " Chief 
Judge, learned in the law, and two associates of integrity, 
experience and knowledge",^ and thus the}^ became merged 
into the more comprehensive tribunals known as the County 
Court of a specified judicial district, and subsequently as the 
Circuit Court of a specified judicial circuit. 

It is recorded that the first Court held on the Eastern 
Shore of Maryland — the one erected for Kent in 1637 — was a 
Court Leet,* but the commission^ by which the Justices of that 
court were named, and its jurisdiction defined, indicates that 
it was not a manorial Court Leet, but was a tribunal similar 
to the County Court as subsequently erected. 

That Manorial Courts, however, had practical existence 
in early Maryland, has been incontestably established'' and the 
discovery of the valuable and unique records of St. Clements 

This being represented to the General Assembly "as a great grievance " 
an Act was passed n}aking it " lawful for all persons within the Province 
to order out process in their own names without any titling from an 
attorney " ; and also that they should have the right "to appear and 
imparle till next court, or to confess judgment to any action " brought 
against them. — Act, 1716, C. 20. 

I Archives (Ass. Pro. 1692) p. 444. 2 Act, 1713, C. 4. 

3 Act, 1790, C. 23. 4 I'-ozman, p. 39, note. 

5 Archives (CI. Pro. ) p. 62. 

6 See Johnson's interesting monograph "Old Maryland Manors". 



128 COLONIAL MARYLAND 

Manor, not only show the method of holding them, but also the 
scope and character of their jurisdiction. This record, which 
is careful]}' preserved in the MarNdand Historical Society, and 
which is believed to be the only one of its kind extant, though 
heretofore published, is here reproduced in the following note -^ 



2 RECORDS OF THE 

COURT LEET AND COURT BARON 

OF vST. CLEMENT'S MANOR, 1659-72. 

S''' Clkmhnts") a Court L,eet & Court Baron of Thomas Gerard Esqr 
M\NOUR ) ^^ there held on Thursday the xxvii'^'» of October 1659 
by Jno Ryves gent Steward there. 
Constablk: Richard flfoster Sworne. 
Resiants: Arthur Delahay: Robte Cooper. Seth Tinsley: Willm at 

Robte Coles: Jno Gee Jno Green Benjamin Hamon Jno Mattant. 
FFREHOLDKS: Robte Sly gent: Willm Barton gent: Robte Cole: Luke 
Gardiner: BarthoUotnew Phillips: Christopher Carnall : Jno Norman: 
Jno Goldsmith. 
Leaseholders: Thomas Jackson: Rowland Mace: Juo Shankes: Richard 
fFoster: Samuell Harris: John Mansell : Edward Turner: fFrancis 
Sutton with Juo Tennison. 
Jury and \Jno Mansell - -i Jno Tennison i 

H0.VIAGKS / Bartholl: Phillips I Jno Goldsmith j 

Jno Shankes I Jno Mattant I 

Jno Gee |^ Sworne ^am: Harris j" Sworne 

Edward Turner | Jno Norman 

Seth Tinsley J xofer Carnall J 

Ordt Agt Sam: Wee the aboue named Jurors doe pJ^sent to the Court 
Harris that wee finde how about the 3d day of octobr 1659 that: 

Jmprimis wee p'sent that about the 3d of October 1659 *^l'^t Samuell 
Harris broke the peace wth a Stick and that there was bloudshed 
comitted by Samuell Harris on the body of John Mansell for w^h hee 
is fined 40I tob wch is remitted de gratia dni. 

Wee doe find that Samuell Harris hath a license fro' the Gou'nor & 
wee conceive him not fitt to be pi^sented. 
Ori>R AGf Robte Jtem wee prsent Kobert Cole for marking one of the 
CoLK Lord of the Manno" hoggs for wch hee is fined 2000I 

Tobco affered to 1000'. 

Jtem wee prsent Luke Gardyner for catching two wild hoggs & not 
restouring the one halfe to the Lord of the Mannoi" whch he ought to 
haue done & for his contempt therein is fined 2000I Tobco affered to 
200I of Tobco. 



THE JUDICIAL SYSTEM 129 

Considering the large revenues that accrued to the lord of 
manor from the manorial courts, and the dignity incident to 
the exercise of the judicial powers attached to them, it may 
be safely assumed that the 5^ were held where ever the right to 



Jtem wee prsent that Cove Mace about Basler last 1659 came to the 
house of John Shancks one of the Lord of the Manno^s tenants being 
bloudy & said that Robin Coox & his wife were both vpon him & the 
said John Shancks desired John Gee to goe wi^h him to Clove Maces 
house & when they the s^ John Shancks & John Gee came to the said 
Cloves his house in the night & knocked att the dore asking how they 
did what they replyed then the sd John Shancks &. John Gee haue 
forgotten But the sd John Shancks asked her to come to her husband 
& shee replyed that hee had abused Robin & her and the said John 
Shancks gott her consent to come the next morning & Robin vp to bee 
freinds wt^'' her husband & as John Schanks taketli shee fell downe 
on her knees to be freinds wth her sd husband but hee woulci not bee 
freinds wth her but the next night following they were freinds 
and Bartholomew Phillipps saith that shee related before that her 
husband threatened to beate her & said if hee did shee would cutt his 
throat or poyson him or make him awa)' & said if ever Jo: Hart should 
come in agayne shee would gett John to bee revenged on him & beate 
him & hee beared the said William Asiter say th^ shee draiike healths 
to the Confusion of her husband and said she would shooe her horse 
round & hee the said Bartholomew Phillips heard the said Robin 
say if ever hee left the house Cloves should never goe wtl> a whole 
face. Jt is ordered that this businesse bee tranferred to the next 
County Cort according to Law. 

Also wee present John Mansell fore entertayning Beniamyn Hamon 
& Cybill his wife as Jnmates Jt is therefore ordered that the sd Man- 
sell doe either remove his Jnmale or give security to save the pish 
(parish) harmless by the next Co't vnder payne of loool Tobcor. 

Also we prsent Samuel 1 Harris for the same and the same order is on 
him that is on John Mansell. 

Also wee present the Freeholders that have made default in their 
appearing to forfeit looi Tobco apeice. 

Wee doe further p^sent that our Bounds are at this p>"sent unpfect & 
very obscure. Wherefore w«h the consent of the Lord of the Mannor 
Wee doe order that every man's land shall bee bounded marked and 
layed out betweene this & the next Co^t by the present Jury w'th the 
assistance of the Lord vpon payne of 200I Tobco for every man that 
shall make default. 



I30 COLONIAL MARYLAND 

do so existed, and where conditions suited ; though they 
appear to have given way to the early Count}- courts at a com- 
paratively early date. 

St. Clements \ . At a Court Leet & Cor' Raron of Thorns Gerard 
MannqR ^ Esqr there held on thursday the 26th of Aprill 

1660 by John Ryves Steward there 
Constable Richard flfoster. 
ResianTS Robert Cowx William Roswell John Gee John Green Benia- 

min Hamou. 
FrbEHOLDKRS: Robert Sly gent Will'm Barton gent Robt Cole Luke 

Gardiner Christopher Carnall John Norman John Goldsmith. 
Leaseholders Thorn's Jackson Richard ffoster Saniuell Norns John 
Mansfeild Edward Turner John Shancks .\ithur Delaby Clove Mace 
John Tennison 
Jury and ) Christopher Carnall I Richard Smith 1 

Homage / John Tennison John Norman 

John Gee l John Love i 

Edward Turner George Harris I 

Beniamin Hamon I Willm Roswell I 

John Greene ' Walter Bartlett -' 

Wee the above named Jurors doe p^sent to the Co^t Luke Gardiner 
for not doeing his Fealty to the Lord of the Manno^ Jt is ordered 
therefore that he is fined loool of Tobcoe 

Wee p^sent fower Jndians, vizi 

for breakinge into the Lord of the Manners orchard whereof three 
\ them were taken & one ran away & they are fyned 20 arms length of 
\ Roneoke. 

We pt-sent also two Jndian boys for being taken wt'i hoggs flesh & 
running away fro' it & they are fined 40 arms length. 

Wee pfsent also a Cheptico Jndian for eutringe into Edward Turners 
house & stealinge a shirt fro" thence & hee is fined 20 arms length if 
he can be knowne 

Wee prsent also Wickocomacoe Jndians for takeinge awaj' Christo- 
topher Carnal Is Cannowe fro' his landing & they are fyned 20 arms 
length if they bee found. 

Wee prsent also the King of Cheptico for killing a wild sow & took 
her piggs & raysed a stock of them referred to the hoble Gounor. 

Wee concieve that Jndians ought not to keepe hoggs for vnder 
prtence of them they may destroy all the hoggs belonginge to the 
Mannor & therefore they ought to bee warned now to destroy them 
else to bee fyned att the next Court Referred to the ho^le the Gou'no''. 

We reduce Luke Gardiners fyne to 50I of Tobcoe 



THE JUDICIAL SYSTEM 



131 



Before the Manorial Courts — the Court Leet and Court 
Baron — controversies between the residents of the manor and 
all important business relating to the manor, were determined. 



Wee am'ce the fower Jndiaus to 50 arms LengLli of Roneoke & the 
Jndian that had his gun taken fro' him to bee restored agayne to the 
owner thereof 
s^ The Jndian boys wee am'ce 40 arms Length of Roneoke as they are 
above am'ced 

Wee am'ce the Cheptico Jndian for stealing Edward Turners shirt to 
20 arms length of Roneoke 

Wee am'ce also Wickocomacoe Jndians for takeinge away Christo- 
pher Carnalls Canuowe to 20 arms Length of Roneoke 

Memorand that John IMansfeild soune of Mansfeild deceased 

came into this Co did atturne tent to the Lord of this Mannor 

St Clements ) A Court Leet & Court Baron of Thomas Gerrard esquire 
Mannor / there held on Wednesday the Three & Twentieth of 
October 1661. by Thomas Mannyng Gent Steward there for this tyme 
Bailiff William Barton Gent. 
Constable Raphael Haywood Gent 
Resiants Mr Edmond Hanson George Bankes ffrancis Bellowes Tho: 

James John Gee Michaell Abbott. 
FFREEHOLDERS Robt Sly Gent Will Barton Gent Luke Gardiner Gent, 
absent Robt. Cole Gent. Raphael Haywood Gent Bartho Phillips Gent. 



Jury Rich: fFoster ] 

Edward Conoray 
Edward Runsdall 
John Shankes 
John Knape 
Gerett Brenson Jury and 

Clove Mace •" Homage 

Robt Cooper 
Arthur De La huy 
John Tenison 



J 



Robt Cole 
Bartho Philips 
Edward Conovay 
Edward Ransdell 
Gerett Breiiton ,- 
Clobe Mace 
Edmond Hanson 
Robt Cooper 
Arthur De La hay 
Wm Rosewell 
Tho; James 
Mich. James 



[Several leaves of the record missing ] 

The Court adiorned till two of the Clocke in the afternoone. 

John Gee and Rich. fo.ster sworne 

The Jury presents that Bartho: Phillips his Landes not marked and 
Bounded Round 

The Jury Likewise present that the Land belonging to Robt Cooper 
and Gerett Breden is not marked and bounded Round 



132 COLONIAL MARYLAND 

The Court Leet, was the court of the people. The steward 
of the manor presided, and the jury and officers were chosen 
from the residents of the manor, the attendance of all of whom, 
between the ages of twelve and sixty was required. It had 
jurisdiction over the police regulations of the manor, and 

The Jury Presents Robt Cooper for Cutting of sedge on S' Clements 
Jsland and fowling wthout Licence for wch he is Amerced lol of Tob. 
Affered to lol of Tob. 

The Jury Present that Edward Conoray while he was Rich fosters 
servant did by accident worray or Lugg wth doggs on of the \A of the 
manno" Hoggs and at another tyme p;dward Conoray going to shoot 
at ducks the dog did Run at somebodys Hoggs but we know not whose 
they were and did Lugg them for w^h the Jury doe Amerce Rich: ffoster 
501 of Tob Aflfered to 20I of Tob 

The Jury presents Mr Luke Gardiner for not appearing at the Lords 
Court Leet if he had sufl&cient warning 

St Ci,EMEnts ■> A Court Leet of Thomas Gerard Esqr. there held on 
Manno*^ ( Thursday the eighth day of September 1670. by 
James Gaylard geut steward there. 

EssoiNKS: Benjamin Salley gent James Edmonds Richd Vpgate Capt 
Peter Lefebur these are essoined b}' reason they are sick and cannot 
attend to their suit. 

FKRKEHOLDSRS : Jusliiiian Gerard gent, Robte Sly gent, Thom Notley 
gent, Capt Luke Gardiner, Benjamin Salley gent, Robert Cole, Bar- 
tholloinew Phillipps, Jn" Bullock W"* Watts, James Edmonds, Richard 
Vpgate, Simon Rider, Jno Tenison, Richd flFoster, Edward Connory, 
Jno Shankes, Jn" Blnckicton, 

Lkaseholders : Robte Cowper Capt Peter Lefebnr, Henry Shadock, 
Richd Saunderson Jn" Hoskins, Thomas Catline. 

Resiants: Richd Marsh, Joseph ffowler Roger Dwiggin Thom Casey, 
Jno Saunders, Henry Porter, ffiancis Mondeford W™ Simpson W»» 

Georges George B es Wt" West, Wi" Cheshire, Jno Paler, Robte 

ffarrcr George Keith, Joshua Lee James Green, Thom oakely, Juo 
Turner, Maunce Miles, Jno Dash W'^ ffelsteadjno Chauntry: 

JUKY Rich^i flfoster ) Jno Blackiston "] 



Jno Tenison 
Edward Connory 
Robte Cowper 



Jno Stanle}' 
Richd Saunderson 
Sworne j„o Bullock ^ Sworne 



Thom Cattline Thom oakely 

Wm Watts J Jno Paler 

Bayliff Jno Shankes & Swome. 



THE JUDICIAL SYSTEM 133 

offenses of a criminal nature, except those punishable with loss 
of life or limb, among them " such as have double measure, 
buy by the great and sell by the less; such as haunt taverns and 
no man knoweth whereon they do live ; such as sleep by day 
and watch by night, and farewell and have nothing". It 



Presentmts; Wee p^sent that Bartholloraew Phillips his land was not 
layd out according to order of Court formerly made wherefore he is 
fined one hundred pounds of tobacco & caske unto the Lord. 

We pfsent John Tenison for suflFering his horse to destroy John 
Blakiston's Corne field. 

We pfsent that Jno Stanley and Henry Neale killed three marked 
hogs vpon the Lords Mano'' wch Capt Gardiner received w-h hogs were 
not of Capt Gardiner's proper marke which is transferred to the next 
Provinciall Court, there to be determined according to the Law of the 
Province. 

We p''sent that Edward Connery killed or caused to be killed five 
wild hogs vpon the Lords Manor this was done by the Lords order and 
Liscense 

We pi'sent that the Lord of the Mauno'' hath not provided a paire of 
stocks, pillory, and Ducking Stoole Ordered that these Jnstrum's of 
Justice be provided by the next Court by a generall contribution 
throughout the Manor 

We p^sent That Edward Convery's land is not bounded in 

We prsent that Thomas Rives hath fallen five or sixe timber trees 
vpon Richard fibsters land within this Mano^ referred till view may be 
had of Rives his Lease 

We prsent That Robert Cowper's land is not bounded according to a 
former order for which he is fined loo' tobco. 

We p^sent that Jno Blackiston hunted Jn > Tenisons horses out of 
the sd Blackistons corne field fence which fence is proved to be insuffi- 
cient by the oathes of Jno Hoskins and Daniell White 

We prsent Richard ffoster to be Constable for this Mano' for the 
yeare ensuing who is sworne accordingly. 

We prsent that Jno Bullocks land is not bounded. 

We prsent M^ Thomas Notly, Mr Justinian Gerard & Capt Luke 
Gardiner, flfreeholders of this Mano*": for not a appearing to do their 
suit at the Lords Court wherefore they are amerced each man 50' of 
tobacco to the lord 

Jt is ordered That every mans land wt^^in this Mannor whose bounds 
are vncertein be layd out before the next Co^^t in prsence of the greatest 
part of this Jury according to their severall Grants vnder penalty of 
lool tobco for every one that shall make default. 



t34 COLONIAL MARYLAND 

also exercised supervision over the trade on the manor," fixed 
the price of bread and ale ' ' , and enforced its game laws and 
ordinances against the sale of impure food. It could not 
punish by imprisonment, but could impose fines, all of which 
went to the lord of the manor. 



Affeir Thomas Catline \ c„.oj-ne 

Willm Watts i 

St Clemrnts 1 A Court Leet & Court Baron of Thomas Gerard 

- ss 
M.^NOK * Esqr there held on Monday the 28th of October 1672 

by James Gaylard gent Steward there, 

ESSONIES 

FFREEHOLDERS. Justinian Gerard gent Gerard Sly gent Thomas Notley 
gent Benjamine Sally gent Capt Luke Gar-Jiner Robte Cole Bartholo- 
mew Philips Jno Bullock. W'" Watts James Edmonds Richard Vpgate 
vSiraon Rider John Tennison R.ichard ffoster Edward Connory Jn° 
Shankes Jno Blaokiston Thomas Jourdaine. 

Leaseholders Capt Peter Letebur Henry Shaddock Richard Sauuderson 
Jno Hoskins Thomas Catline 

Resi\nts Joseph ffowler Roger Dwiggiu Henry Porter W"' vSimpson 
William Georges W'" West W™ Cheshire Jno Paler Joshua Lee Maurice 
Miles Jno Dash W^" ffelstead Richard Chillman Robte Samson Henry 
Awsbury Jno Hammiltou VVni Wilkinson Abraham Combes Willm 
Harrison Jno Rosewell Vincent Mansfeild Edward Williams Marma. 
duke Simson Nicholas Smith Humphry Willey James Traske Derby 
Dollovan Jno Vpgate Tuonias Rives Michaell Williams Jno Sprigg 
Charles Rookes ffrancis Knott Richard Hart Willm Polfe Thomas 
Attaway James Green Jno Ball Thomas Liddiard Edward Bradbourne 
Jno Suttle Jno Lee Jno Barefoot ffrancis Wood. 

Jury W'"i Watts ] Jno Bullock ] 

Jno Tennison I Thom oakly 

Jno Rosewell ., Thom Jorden [ ^ ^,„^ 

•^ >• Sworne ■' \ Sworne 

Jno Stanly 1 Jno Hoskins 1 

Richard Sauuderson 1 Jno Paler | 

ffrancis Knott J Vincent Mansfeild J 

Edward Bradbourne complaineth agt Jno Tennison that he unjustly 

deteineth from him 200' tobco to the contrary whereof the sd Tennison 

having in this Coart taken his oath the sd Bradbourne is nonsuited. 

We prsent Jno Dash for keeping hoggs & cattle upon this Mannor 

for whch he is fined loooi tobco. 

We pr.sent Henry Poulter for keeping of hoggs to the annoyance of 

the lord of the Manor. Ordered that he remove them within 12 days 

uudtr paine of 400I tobco & cask. 



THE JUDICIAL SYSTEM 135 

The pillory, ducking-stool, and stocks were the usual 
instruments of punishment. It would also make bj-laws for 
the government of the manor, and elected the manor bailiffs, 
constables, assessors, and ale- tasters. 

The Court Baron was the court of the freeholders, the 
'yxxy being selected from that class exclusiveh', and before it 
were tried all matters in dispute between the lord of the manor 
and his tenants, as well as all questions of title, trespass, and 
bebt, between the tenants, and all other matters of a civil 
nature, relating to the general welfare of the manor. 



We prsent the sd Henry Poulter for keeping a Mare & foaleupon this 
Manof to the anno3'ance of Jno Stanly ordered that he remove the sd 
mare & foale wt^in 12 daies vuder paine of 400' of tubco & caske 

We prsent Joshua Lee for injuring Jno Hoskins his hoggs by setting 
his doggs on them & tearing their eares & other hurts for which he is 
fined ioqI of tobco & caske 

We prsent Humphry Willy for keeping a tipling house & selling his 
drink without a License at unlawful! rates for w^' he is fined according 
to act of assembly in that case made & provided 

We prsent Derby Dollovan for committing an Affray and Shedding 
blood in the house of the sd Humphry Willy Ordered that the .sd 
Dolovan give suretys for the peace. 

We prsent W™ Simpson for bringing hoggs into this Manor for 
which he is fined 3I of tobco And ordered that he remove them in 10 
days vnder paine of 300' of tobco & caske 

We prsent Robte Sam.son & Henry Awsbury for selling drinke ad 
■^unlawful rates for which they are each of them fined according to Act 
of Assembly. 

We prsent Simon Rider for keeping an under tenant contrary to the 
tenor of his Deed referred till view may be had of the sd Deed. 

We prsent that Raphaell Haywood hath aliened his ffreehold to 
Simon Rider upon w^'i alienacon there is a reliefe due to the lord. 

We prsent an alienacon from James Edmonds to Thomas Oakely 
upon wch there is a Reliefe due to the lord and Oakely hath sworne 
fealty. 

We p sent that upon the death of Mr Robte Sly there is a Releief 
due to the lord & that. Mr Gerard Sly is his next heire who hath 
svvoriie fealty accordingly 

We prseni an aiienacon from Thomas Calline to Anne Vpgale. 



136 COLONIAL MARYLAND 

The extinction of Manorial Courts in Maryland, it has 
been suggested, was due to the introduction of slavery, with 
whom mannors could be made more profitable than with 
tenants, and with whom the system of private jurisdiction was 
no longer necessary. 

"The Court Baron and Court Leet, having served their turn 
were cast aside. If they played no great part in the history 
of the State, they are interesting as an extinct species * * * 
connecting the life of the present with the life of the past".' 

The Prerogative Court was the court for the probate of 
wills and for the administration of all matters testamentary. 
Until 1673, these were within the jurisdiction, concurrently, 
of the Provincial Court and the County Courts, but in that 
year Baltimore created the office of Commissary General, " for 
the probate of wills and granting of letters of administration 



We p'"sent that upon the death of Richard Vpgate there is a Releife 
due to the lord & [Annie] Vpgate his relict is next heire. 

We p^sent Mr Nehemiah Rlackiston tenant to the land formerly in 
possession of Robert Cowper Mr Blackiston hath sworne fealty accord- 
ingly 

We p^sent an alienacon from Wm Barton to Benjamine Sally gent 
upon well there is a Releife due to the lord & Mr Sally hath sworne 
fealty to the lord. 

We present an alienacon from Richard fFoster of pt of his ffreehold to 
Jno Blackiston upon which there is a Releife due to the lord 

We prsent a Stray horse taken upon this Manor and delivered to the 
lord 

We prsent Robte Cole for not making his appearance at this Court 
for which he is amerced lo' of tobco afFeired to 61 of tobco. 

We prsent Edward nder to be Constable for this yeare ensuing 

Sworne accordingly. 

AFFEIRORS wm Watts ) c 

\ Sworne. 
Jno Bullock i 

I " Old Maryland Manors ", from which most of the data relating to 
Manorial Courts was obtained. 

For an account of the manorial sy.'^tera in Maryland, see chapter, 
''The Land Tenure of Colonial Maryland. 



THE JUDICIAL SYSTEM 137 

within the whole Province", and with full power to adjudge 
and decree upon all matters and causes incidental thereto. ' 
The Clerk of the Secretary of the Province was at the same 
time directed to deliver to the Commissary General, all records 
and papers relating to the testamentary business within the 
Province, which was accordingly done, and, in April, 1673, 
the Prerogativ^e Court was formally opened. 

It was a prototype of the old English court of that name, 
over which the Archbishop presided, it being his "preroga- 
tive ' ' to take charge of all matters testamentary. 

The Commissary General was required to hold court once 
in two months, or ofteiier, if necessary ; to conduct the pro- 
ceedings "according to the laws of England, where no law 
of the Province prevailed ' ' , and he was invested with the 
same powers to enforce his orders and decrees as was possessed 
by the High Court of Chancery.^ 

It was also incunibent upon him to appoint a Deputy 
Commissary for each county who could probate wills, grant 
letters of administration in their respective counties, and pass 
accounts not exceeding ^50 in money,' which, in 1763, was 
extended to ^150 currency,* though, by special commission 
from the Commissary General, they could pass accounts with- 
out limitation as to amount. ^ They could not, however, decide 
any question in controversy, either as to the right of adminis- 
tration or the passing of accounts, all of which had to be sub- 
mitted to the decision of the Commissary General.* 

The Deputy Commissaries were required hy rule of court, 
to make their returns to the Commissary General every two 
months, with a list of every paper filed within that period, and 
to transmit annually, a full list of all administrations granted, 

I Archives (CI. Pro. 1673) p. 24. 2 Act, 1715, C. 39. 3 Ibid. 
4 Act, 1763, C, 18. 5 Ibid. 6 Act, 1715, C. 39. 

I 



138 COLONIAL MARYLAND 

wills probated, and accounts passed, in their respective offices, 
as well, also, a " list of alienations of land ", consisting of an 
abstract of each of said wills, giving the name, quantity, and 
location of the lands devised, and the name of the devisees.^ 

It was the practice, also, for the Deputies, after recording 
the wills probated in their respective counties, to transmit 
them, together with inventories, accounts, and distributions 
appertaining to the settlement of each estate, to the Commis- 
sary General, who placed them on record in the general office. 
As a result of this practice, owing to the destruction of the 
testamentary and other records in so many of the counties, the 
records of the Prerogative Court are among the most valuable 
in the Archives of the State. 

The Commissary General was in turn required to transmit, 
within three months after final distribution, a cop}' thereof to 
the County Court of the county in which the estate was lo- 
cated, in order that such part of it as belonged to orphans 
could be under the supervision of that court. ^ 

The Court held six terms a year, commencing on the sec- 
ond Tuesday of January, March, May, July, September, and 
November,^ and it was supported by the fees of the office.* 

From the decisions of this Court, an appeal could be 
taken within thirty days, to a Court of Delegates, appointed 
especiall}' for the purpose, and whose decree was final. ^ 

The Prerogative Court did not survive the Revolution, 
one of the earliest acts of the infant republic being to declare 
that under ' ' the form of government assented to by the free- 
men of this State " , it was intended that the Prerogative Court 
should be abolished. This was accordingly done, and an 

1 Deputy Commissaries Guide, pp. 154, 155. 

2 Act, 1715, C. 39. 3 Dep. Com. Guide, p. 154. 
4 Act, 1763, C. 18. 5 Act, 1726, C. 9. 



THE JUDICIAL SYSTEM 139 

Orphans' Court, with a Register of Wills for each county, was 
instituted in its stead. ^ 

The High Court of Chancery was not organized until 
1661,^ prior to which time the Governor and Council had 
exercised jurisdiction over all matters in equity. The Court 
was presided over by one judge, denominated Chancellor, who 
was appointed by the Proprietary.^ Two associates, called 
Masters in Chancery, were appointed, as in England, to sit 
with him, until 1721, when that feature was abolished, after 
which the ofl&ce of Master appears to have merged into that 
now known as Examiner.* The clerk of the court, called the 
the Register, was appointed by the Secretary of the Province. * 

The Chancellor was made keeper of the Great Seal, and, 
as such, sealed all patents, commissions, writs, and other 
public instruments." The emoluments of the office consisted 
of fees for each and all of his official acts, and which rendered 
it one of the most lucrative in the Province. ' 

In its earlier history, the Court held only four terms a 
year, but after 17 19, it was, like the High Court of Chancery 
in England, presumed to be always open.* 

The Court of Chancery had exclusive jurisdiction over all 
matters in Chancery, where the amount involved exceeded 
1200 lbs. of tobacco, or ;^5 in money, ^ and was co-extensive 
with the Province, but, after 1763, the County Courts had 
concurrent jurisdiction where the amount did not exceed ^^20 
sterling, or 5,000 lbs. of tobacco. '" It also had exclusive juris- 
diction over trust estates, ^ ' and was the only tribunal through 



I Act, 1777, C. 8. 2 Archives (CI. Pro. 1661) p. 439 

3 Ibid, 1673, p. 12. 4 Bland, 2, pp. 54-60 

5 Archives (CI. Pro. 1673) p. 24, 6 Ibid, 1677, p. 161; Act, 1763, C. 18 

7 Act, 1763, C. 18. 8 Bland, i, p. 624; Ibid, 2, p. 59 

9 Act, 1715, C. 41. 10 Act, 1763, C. 22. II Act, 1773, C. 7 



I40 COLO NI AT. MARYI.AND 

which alimony was recoverable, though not until a late period 
did it have authority to decree a divorce. * 

Decrees of the High Court of Chancery were subject to 
the same stay of execution for six months as judgments of 
the Courts of Common Law, when superseded in the same 
manner. ' 

While the Court of Chancery was established in Maryland 
from an earl}' date, it was a long time before anj- provision 
was made looking to an appeal from its decisions, during 
which time its decrees, like those of the High Court of Chan- 
cery in England, originally, were final and conclusive. 

Acts of Assembly were paSvSed, from time to time, regu- 
lating appeals from the Courts of Common Law, but thej' 
were confined to appeals from those courts, and it was not 
until 1 72 1, that provisions were made for an appeal from the 
Court of Chancery.' This Act restricted the right to appeal 
from "any decree of the Chancer}- Court", and did not ex- 
tend to appeals from orders or decisions,* a right, indeed, 
which did not exist by virtue of any legislative enactment, 
until after the Revolution.'* 

Appeals from the Court of Chancery were to the Court of 
Appeals,'' and were subject to the same rules and limitations 
applicable to the Courts of Common Law,' under which no 
appeal would lie to the Court of Appeals, unless the amount 
involved exceeded ^50 sterling, or 10,000 tbs. of tobacco.' 

It was a remarkable fact, that none of the Acts of 
Assembly, regulating appeals in Chancery, prescribed any 
method for staying execution pending the appeal, the terms 
upon which the appeals might be granted, or the manner of 

r Bland, 2, p. 566; Maryland Ch., 4. p. 293. 

2 Act, 1721, C. 4. 3 Act, 1721, C. 14. 

4 Ibid ; CI. Pro. P. L. p. 595. 5 Act, 1785, C. 72. 

6 Act, 1721, C. 14. 7 Act, 1729, C. 3. 8 Act, 1713, C. 4. 



THE JUDICIAL SYSTEM 141 

making up the record, as to all of which, before the revolution, 
the Court seems to have been governed by the rules and 
practice of the High Court of Chancery in England,^ which in 
every particular it closely resembled. 

Upon the adoption of the State Government, in 1777, the 
Court of Chancery was given constitutional recognition,* and 
under which, also, the Chancellor continued to be the keeper 
of the Great Seal of Maryland.^ 

A Court of Admiralty was erected in Marjdand, in 1684. 
The order directing it, provided that it should consist of not 
less than four Judges, appointed by the Governor, and who 
were invested with full power, to try and condemn all ships or 
vessels found within the Province " transgressing against his 
Majestie's laws of navigation, and other laws relating to 
customs ". The Court appointed its own clerk, and it was also 
authorized to appoint appraisers and summon juries.' It also 
had a Marshall, who, w4th the Judges and all other officials of 
the Court, were paid by fees * The Court of Admirality was 
continued after the revolution, but it consisted of one Judge 
only, a Register and Marshall, and sat at such places as the 
Court deemed most convenient for the trial of the cases before 
it.^^ 

As early as 1732, Courts of Oyer, Terminer, and Gaol 
delivery, or as more commonly known. Courts of Assize, 
were established for the several counties of the Province, for 
the trial of crimes and offenses,^ but in 1766, thCvSe were 
superseded by two Courts of Assize for the entire Province, one 
for the eastern and one for the western shore ; these Courts were 



I r Bland, p. 15. 2 Constitution, Sec. 40. 

3 Ibid, 36. 4 Archives (CI. Pro. 1684) p. 360 

5 Act. 1763, C. 18. 6 Hanson, Act, 1781, C. 29. 

7 1st H. & McH. Maryland Reports, p. 83. 



142 COLONIAL MARYLAND 

each presided over by a Justice appointed by the Governor, 
from the Judges of the Provincial Court ; one being appointed 
from each side of the Chesapeake Baj^ and sat twice a year, 
in every county within their respective districts, for the trial 
of causes arising in said county.' The Justices were directed 
to make all necessary rules of Court and to enforce them by 
reasonable fines. The Sheriff of the county in which the 
court was being held was its executive officer. Fifty free- 
holders were summonsed, ten days before the court met, to 
serve as grand and petit jurors, who were subject to the same 
rules as those respecting jurors in the Provincial Court. 

The jurisdiction of the Assize Courts was concurrent with 
the criminal jurisdiction of the Provincial Court, and extended 
to all crimes and offenses not cognizable in the County Courts, 
and to such, also, as were removed from the County Courts, 
a right specially given in criminal cases. ^ From their 
decisions an appeal would lie to the Provincial Court, upon 
bill of exceptions, which latter, unlike appeals in criminal 
cases, from other courts, was expressly granted in appeals 
from the Court of Assize.' 

The Judges in the Assize Courts each received 7,000 lbs. 
of tobacco for their compensation.^ 

The law under which these Courts were organized, was 
allowed to expire, in 1769,' and does not appear to have 
been revived before the revolution. 



I Act, 1766, c. 5. 2 Ibid. 

3 Ibid ; 1st H. & Mc. H., Maryland Reports, p. 83. 

4 Act, 1766, C. 5. 5 Hanson. 



CHAPTER VII. 

^be Subtcial Si^etem of Colonial flOar^lanb. 



rnHE Provincial Court of Maryland was, from the time of its 
1 organization to the American Revolution, the chief nisi 
prius court, and, for a long time, the chief appellate 
tribunal of the Province, and possessd all the powers of the 
highest English common law courts. It did not owe its origin 
to legislative enactment, but to commission from the Proprie- 
tary, by which the judges, in its earlier history, were appointed 
and its jurisdiction defined.^ But the commission did not 
bestow upon it the name, nor did any Act of Assembly do so. 
The Court was simply established, and it was apparently called 
the Provincial Court, because its jurisdiction was co-extensive 
with the Province, and in distinction to the. County Court, 
which was limited to a single count3\ The General Assembly 
indeed, thus referred to it, and so called it as early as 1642.^ 
A plausible suggestion has been made, that, as it was at first, 
the Supreme Court of the Province ; courtesy and common 
parlance bestowed upon it the name of the Provincial Court. ^ 
The Justices of the Provincial Court, at first, were the 
Governor and the Council of the Province — the former being 
Chief Justice, and in his absence, the member of the Council, 
who stood next in commission to the Governor, presided.* It 

1 Archives (CI. Pro. 1637) p. 49. 

2 Archives (Ass. Pro. 1642) pp. 147 to 152. 

3 Bozman 11, p. 304, note. 4 Archives (CI. Pro. 1637) p. 53. 



144 COLONIAL MARYLAND 

sometimes happened that, the Lord Proprietary was himself 
present, and on such occasions acted as Chief Judge of the 
court. ' 

Under the earliest commission, of which there is any 
record, the Governor, in most cases, could sit alone, it being 
necessary to have the council associated only in causes which 
involved a freehold, and in crimes which extended to life or 
member,^ but after 1642, the Council constituted a part of the 
Court, in all cases, civil and criminal.* A quorum consisted 
of three Judges, including the Chief Judge, ' or the one next 
in commission, though the records show that the attendance of 
the members of the council was usually large, due perhaps, in 
part, to the fact of their compensation being a per diem. 

In 1692, the Provincial Court was organized as a distinct 
tribunal from the Governor and Council, and a Chief Judge 
with eight associates, constituted the bench. The first Judges 
under the new organization were commissioned by the Crown,* 
but subsequently they were appointed \)y the Governor, and 
held their office during good behavior, though nominally, its 
tenure was at will." At a later period, it was strongly urged, 
that the bench of the Provincial Court, be reduced to a Chief 
Judge and four a.ssociates, and also that they be appointed, 
exclusiv^ely, from those learned in the law,' but this was not 
carried out, the reason assigned for the latter being, that 
' ' gentlemen of the law ' ' , could not be induced to serve, owing 
to the meagreness of the compensation attached to the ofl&ce.* 



1 4th, H. & McH Maryland Reports, p. 477. 

2 Ai chives (CI. Pro. 1637) p. 53. 

3 Archives (Ass. Pro. 1642; p. 147. 

4 Archives (CI. Pro. 1637) p. 53. 

5 Archives (CI. Pro. 1692) p. 307. 

6 Archives, Sharpe's Cor. p. 7, 11. 

7 Ibid. 8 Ibid. p. 334. 



THE JUDICIAL SYSTEM 145 

While, however, not always learned in the law, the bench of 
the Provincial Court uniformly, had on it the best available 
talent within the Province, and steadily maintained a distin- 
guished rank for dignity, character and sound administration 
of justice. Among the noted justices who were long associated 
with it, may be mentioned the names of Chief Justices Calvert, 
Brice and Kay ward, and associates Addison, Brooke, Tench, 
Courts, Gol'Qfiborough., Henry, Mason, Darnall, Hall, Hooper, 
Weems, Bordley, Jennifer, Hands, Hepburn and Leeds. 

The Provincial Court commonly sat at vSaint Mary's while 
it was the seat of government, though, as a matter of public 
convenience, sessions of the court were sometimes held in other 
parts of the Province, but in 1699, Annapolis was made the 
seat of the court and the place also, where all of its writs 
and processes were returnable. ' The Court was convened by 
the beat of a drum, until 1681, when a bell was procured 
for that purpose, and for convening the General Assembly.'' 
The Clerk of the Provincial Court was appointed by the 
Secretary of the Province,^ and the Sheriff of the County was 
its executive officer, both of whom, together with the Crier 
and Bailiff of the court, were paid by fees.^ The justices of 
the Provincial Court were required to make all necessary rules 
for the proper government of the court, and to purchase for 
its use, the Statutes of England and Dalton's Justice.'^ 

The jury for the Provincial Court was taken from the 
whole Province, every county being required to furnish two 
grand and three petit jurors, for each term of the court, who 
were selected and summonsed by the sheriffs of their respective 



1 Act, 1699, C. 19. 

2 Archives, Act, 1681, p. 144. 

3 Archives, CI. Pro. 1671. p. 23 — 136. 

4 Act, 1763, C. 18. 5 Act, 1715, C. 41. 



146 COLONIAL MARYLAND 

counties, and who were entitled to twenty days' notice/ In 
all other respects, the manner of selecting the jury of the 
Provincial Court, as well as the questions of disqualification 
and exemption from jury service, were determined by the 
same rule as those which prevailed in the County Courts, 
except that the penalty for failure to serve was larger — 
being i,ooo flbs.'^ of tobacco — as was, also, their compensa- 
tion, which, in the case of the grand jury, while within 
the discretion of the Court, might have been as much as 
3,000 lbs.' of tobacco a piece, per term, subsequently increased 
to 6,000 lbs.,* and 48 tbs. a piece for itinerant charges.* 
The petit jury received the same itinerant charges,*^ and 30 lbs. 
of tobacco a piece, for each day of attendance," subsequently 
increased to 48 lbs.,* besides the 120 lbs. allowed to the 
panel in each case in which they were sworn, ^ but later 
reduced to 96 lbs. , ' " all of which was paid out of the public 
levy,^^ except the allowance to the panels of petit juries, 
which, as in the County Courts, was taxed as a part of the 
costs of the case.'^ 

The law relating to witnesses before the Provincial Court, 
was the same as that applicable to them in the County Courts; 
except that their compensation was larger, being 40 tbs. of 
tobacco per diem, and itinerant charges, collectable as witness 
fees in the County Courts ;'^ except also, that before they 
could be amerced for failure to attend, their reasonable charges 
had to be tendered ;'* but fees of witnesses whom the Court 
deemed unnecessary, could not be taxed as a part of the 



I Act, 1715, C. 37. 






2 Ibid. 3 Ibid. 


4 Act, 1760, C. 16. 






5 Ibid. 6 Ibid. 


7 Act, 1715, C. 37. 






8 Act, 1760, C. 16. 


9 Act, 1719, C. 3. 






10 Act, 1760, C. 16. 


II Act, 1715, C. 37. 


12 


Ibid 


; Act, 1719, C. 3 ; Act, 1760, C. 16. 



13 Act, 1715, C. 37. 14 Act, 1692, C. 16. 



THE JUDICIAL SYSTEM 147 

costs of the case, and in no instance could fees be taxed of 
more than three witnesses upon any one question of fact.^ 
The Justices of the Provincial Court were also paid a per 
diem, their compensation being 140 Hbs. of tobacco and itin- 
erant charges for each day of attendance, which was paid 
out of the public levy of the Province.^ The terms of 
court were probably prescribed by rule of court, as no Act of 
Assembl}^ or order of the Proprietary appears to have been 
passed for that purpose. Its terms were April, May, July, 
September, and October.^ 

Under the acts regulating practice in the Courts of the 
Province, continuances could not be allowed, unless stayed by 
injunction, beyond the fourth term after the appearance term, 
and should the case not be disposed of by that term, if through 
default of the plaintiff, it was to be dismissed with costs ; 
if through default of the defendant, judgment was to be 
awarded to the plaintiff, and if through the counsel on either 
side, the attorney in default was subject to a forfeiture of 
5,000 fbs. of tobacco and the costs of the suit ;* but later this 
time was extended, when the court was sitting as an appelate 
tribunal , to the period of two years from the end of the appear- 
ance term.' Where the plaintiff was desirous of a more speedy 
trial, and had a copy of the declaration and writ served upon 
the defendant twenty da5's before the appearance term, the 
court was required to compel the defendant to proceed to trial 
at that term, and upon failure to do .so without sufficient 
cause, to enter judgment for the plaintiff." 

I Act, 1760, C. 16. 2 Act, 1716, C. II. 

3 1st H. & McH. Maryland Reports; 4th Ibid Appendix. 

4 Act, 1721, C. 14. 

5 Act, 1730, C. 16. 6 Act, 1763, C. 23. 



148 COLONIAL MARYLAND 

Causes were to be determined according to the "very right 
of the cause' ' , and without regard to such ommissions and errors 
as are usually taken advantage of by special demurrer, but 
this did not apply to the writ or declaration in civil, or to the 
indictment and other process in criminal causes. 

Attorney's fees were also regulated by the judicature 
Acts of the Province, the maximum fees for prosecuting cases 
in the Provincial Court, being 400 lbs. of tobacco ; in the 
Court of Appeals, Admiraltj' Court, and Court of Chancery, 
600 ft)s., and in the County Courts, 100 lbs., unless the judg- 
ment recovered exceeded 2,000 lbs. of tobacco, in which case 
the sum of 200 lbs. of tobacco could be charged. ^ The penalty 
for demanding or receiving larger fees than those prescribed 
by law, was disbarment. ^ 

I Act, 1715, C. 14. 2 Ibid. 

No Attorney could practice before the Provincial Court or the 
Court of Chancery, prior to 1715, except those who were " admitted, 
nominated and sworn ", by the Governor of the Province. They could, 
however, practice before the County Courts upon being admitted by the 
Judges thereof. After 1715, the right to admit to practice iu the higher 
courts was no longer limited to the Governor, but was vested in the 
Judges of the several courts. The Courts were very exacting in requiring 
Attorneys to be regular and punctual iu their attendance, and the records 
furnish repeated instances in which they were fined for failure iu either 
respect. Under an order of the High Court of Chancery, auy Attorney 
who failed to be in "Court by 8 of ye clock in Summer and 9 iu Winter", 
was subject to a fine of ten shillings sterling for the first default; twenty, 
for the second, and disbarment for the third. (Archives Ass. Pro. 
1674, p 467 ; Act, 17 15, C. 48 ; Chancery Records, May 24th, 1697, p. 355.) 
The State's Attorneys, or his " Lordships Attorneys ", as they were 
called, were appointed by the Attorney General of the Province, subject 
to confirmation by the Council, and frequently represented more than 
one county. Those appointed by Attorney General Robert Carville, in 
16S8, were, William Dent, for Saint Mary's, Charles, and Calvert; George 
Parker, for Anne Arundel ; John Meriton, for Baltimore ; Robert Smith, 
for Kent and Talbot; William Nowell, for Cecil; Thomas Pattison, for 
Dorchester, and James Sangster, for Somerset. — Archives (CI. Pro. 1688) 
p. 18, 30. 



THE JUDICIAL SYSTEM 149 

If a plaintiff was defeated, or discontinued the action, he 
was subject to amerciament of 50 lbs. of tobacco, if in the 
Provincial Court, to be applied as the Governor and Council 
saw fit, and 30 lbs. of tobacco, if in the County Courts, to be 
applied to count}' charges. A like penalt>- was imposed upon 
ever)' defeated defendant after imparlance (demanding time 
to plead), but this did not apply to defendants where the 
judgment was rendered at the appearance term, nor did it 
appl)' to executors, administrators, and minors, whether plain- 
tiff or defendant. ' Judgments obtained in the Provincial 
Courts, like judgments of the other Courts of the Province, 
were subject to a stay of execution for six months, provided 
the debtor furnished two sufficient suretors, who confessed 
judgment for the debt and costs. ^ 

The Provincial Court was invested with both an original 
and appellate common law jurisdiction, and, until 1661, when 
the Court of Chancery was erected, it had juri.sdiction, also, 
over the equity business of the Province. In its earlier his- 
tory, it had original jurisdiction in all matters criminal and 
civil, and which was co-extensive with the Province.^ This 
was entertained concurrently with the County Courts and the 
Assize Courts (as long as the latter continued to be a part of 
the judicial system), to the extent of the jurisdiction of those 
respective courts ;* but, after 1692, the Provincial Court could 
only hold plea in cases in which the amount involved exceeded 
1,500 lbs. of tobacco, ' and, in 17 14, this limit was extended to 
£20 sterling, or 5,000 lbs. of tobacco." 

In all other common law civil ca.ses, its original jurisdiction 
was exclusive. Thus it stood, until 1773, when its original 

I Act, 1722, C. 12. 2 Acts, 1715. C. 33 ; 1721, C. 4. 

3 Archives (CI. Pro. 1637) p. 49. 

4 Ibid, 1661, p. 22 ; Act, 1766, C. 5. 

5 Archives (Ass. Pro. 1692) p. 447. 6 Act, 17 14, C. 4. 



I50 COLONIAL MARYLAND 

jurisdiction was still further curtailed by being limited to cases 
involving not less than /, loo sterling, or 30,000 fts. of tobacco, 
and the County Courts, at the same time, were invested with 
a general concurrent jurisdiction in all cases, civil and crimi- 
nal.' The County Courts being so much more accessible, this 
Act, in effect, resulted largely in making them the Courts of 
first instance throughout the Province, except in cases of 
greater magnitude or of deeper gravity, and in correspond- 
ingly increasing the volume of business before the Provincial 
Court as an appellate tribunal. It was in its latter aspect that 
it stood out most conspicuously as the great central figure in 
Maryland's earl)' judicial system. 

For more than half a century the Provincial Court was 
the sole and exclusive appellate tribunal of the Province, 
except for appeals from Justices of the Peace and the Prerog- 
ative Court, and indeed, throughout its entire history, the 
records of its judicial work show that a large volume of busi- 
ness, for that period, was before it in its appellate capacity. 

It is true, there was established during the protectorate in 
Maryland, and that it remained a permanent institution, the 
tribunal known as the Court of Appeals, presided over by the 
Governor and Council, and which was given exclusive juris- 
diction over appeals from the High Court of Chancery ;^ but 
its common law jurisdiction was limited to appeals from the 
Provincial Court, when sitting as a court of first instance, and 
in which the amount involved exceeded ^50 sterling, or 10,000 
lbs. of tobacco, ' and as the County Courts appear to have been 
the active nisi prius courts of the Province particularly after 
the enlargement of their jurisdiction from time to time, for 
civil, and the Assize Courts for criminal business, and over 

I Act, 1773, C. I. 2 Act, 1713, C. 4 ; Act. 1721, C. 14. 

3 Act, 1713, C. 4. 



THE JUDICIAL SYSTEM 151 

the decisions of which Courts the Provincial Court alone had 
appellate jurisdiction, the common law appeals before the 
Court of Appeals were necessarily limited in number. 

It is here worth}- of note, that the fact that the Court of 
Appeals, whose terms were February, May, July, September, 
and October,' heard cases during the sessions of the General 
Assembly, has led to the impression that the Legislature of 
Maryland also possessed appellate judicial powers, but this is 
an error, growing, perhaps, out of the fact that the Governor 
and Council constituted both the Upper House of Assembly 
and the Court of Appeals, and that when the terms of the two 
conflicted, the business of the Court was transacted during the 
term of the Assembly.^ 

The proceedings of the Provincial Court, as reported in 
the two volumes of the Maryland Archives, entitled " Provin- 
cial Court, 1636 to 1658 ", were cases which were before it as 
a court of first instance only, the latter date being the period 
at which it commenced to exercise its appellate jurisdiction, 

1 1st and 4tb H. & McH. Maryland Reports. 

2 The early records also furnish a few instances in which there was a 
further appeal to the King in Council, but while this right clearl}' existed 
by virtue both of Act of Assembly and proclamation, only a few cases are 
to be found in which it was exercised, owing, perhaps, to the complex 
rules governing such appeals and the costs incident thereto. This right 
was limited in civil causes to those in which the amount involved ex- 
ceeded ^300 sterling, and, in criminal cases, to those in which the fine 
imposed was above ^200 sterling. The mode of ascertaining the value of 
the thing in controversy was regulated by rules established by the King. 
The appeal could only be from the court of last resort, and had to be 
taken within fourteen days and prosecuted within a j'ear after the judg- 
ment or decree was rendered. A bond had, also, to be given to pay 
costs and damages in case the decision .'hould be affirmed. On all 
reaching the English Court, the case was referred to the " Committee on 
Appeals from the Plantations'', who appointed the time and place of 
hearing, and reported its decision to the King in Council, by whom it 
was formally ratified. — Bland, i, p. 570, note ; ist H. & McH. Maryland 
Reports, pp. 57, 91 ; 2d Ibid, pp. 324, 346. 



i,S2 COLONIAL MARY 1. AND 

its proceedings as sitch having been largely reported in the 
first and fourth volumes of Harris and McHenry's Maryland 
Reports. And, in this connection, it should also be noted 
that to Maryland belongs the distinction of possessing the 
most ancient series of reported cases on this side of the 
Atlantic, the next oldest being Jefferson's Virginia Reports, 
Dallas' Pennsylvania, and Quincey's Massachusetts Reports, 
and which begin, respectively, in 1730, 1754, and 1763. 

The earliest Act relating to appeals in Maryland, was in 
1642, under which the right of appeal was without limitation, 
the appellant being simply required to give security to prose- 
cute the appeal and to abide by the decision of the superior 
court.' It did not, however, seem to encourage the exercise 
of the right, since the Court could award "double damages" 
to the party aggrieved, if it found "no cause of appeal",^ 
though no cases are of record in which such damages were 
awarded. 

The next, was the Act of 1678, and which required the 
appellant to first file a bond in double the amount of the 
judgment, not only to prosecute the appeal, but to pay the 
judgment, if affirmed, together with such damages as the Court 
should award for the delay." The bond served the further 
purpose of staying the execution pending the appeal. This 
Act also provided the easy method of appeal by a simple 
transcript of the record, under the hand of the Clerk and 
Seal of the Court — the one in practice in Maryland to-day — 
as contradistinguished from the more complex system by writ 
of error, though the latter method was also allowed. 

The Act of 1692 imposed the first limitation upon the 
right of appeal, and which restricted it to cases in which 



I Act, 1642, C. 6. 2 Ibid. 

3 Archives (Ass. Pro. 1678) p. 71. 



THE JUDICIAL SYSTEM 153 

the amount involved was equal to, or exceeded 1200 Ifes. of 
tobacco.' In 171 3. provision was made for the first time for 
appeal from the Provincial Court, in the exercise of its original 
jurisdiction, to the Court of Appeals. The Act provided for 
the right of appeal from the County Courts to the Provincial 
Court, where the debt or damages amounted to ^6 sterling, 
and from the Provincial Court to the Court of Appeals, where 
the debt or damages amounted to £^0 sterling.^ This Act of 
1 71 3, and which contiiuied in force until the Revolution, 
repealed all former Acts regulating appeals from the courts of 
common law, but reenacted the provisions contained in them 
relating to the method of appeal and the appeal bond. But 
these, it was held, did not apply to criminal causes, which 
could only be reviewed by the Superior Court upon the com- 
mon law writ of error/ except that bills of exception were 
allowed in appeals from the Assize Courts, for which provision 
was expressly made. * The time in which an appeal could be 
taken was, presumably, fixed by rule of court, the Acts of 
Assembly being silent upon the subject. 

Under the Constitution of 1776, the Provincial Court was 
abolished, and the Court known as the General Court, and 
presided over by three Judges of "integrity and sound judg- 
ment in law",' the terms of which were April and Sep- 
tember, for the Eastern, and May and October, for the Western 
Shore," was established in its stead. 

The General Court was, in turn, abolished in 1805, when, 
upon the reorganization of the courts of tl)e State, the County 
Courts were given its original, and the Court of Appeals, its 
appellate jurisdiction.' 

I Archives (Ass. Pro. 1692) p. 444. 2 Act, 1713, C. 4. 

3 5th H. and J. Maryland Reports, pp. 234, 329 ; 9th G and J. p. 76. 

4 rst H. and McH. p. 83 ; Act, 1766, C. 5. 5 Const., Art. 56. 
6 Act, 1777, C. 15. 7 Act, 1805, C. 16, 

J 



154 COLONIAL MARYLAND 

Thus was swept away, by the waves of Revolution, that 
ancient monument of Maryland's Colonial Judicial System. 
For more than a century and a quarter, the Provincial Court 
was the chief judicial tribunal of the Province, and which, 
amid all the political fermentations and religious turmoils of 
its time steadily went on in the even pathway of dut)'', per- 
forming the high functions committed to it, without fear and 
without reproach, exploring and marking throughout its 
domain in the new world, the great highways of the law, and 
building up a code of jurisprudence as a bulwark of security 
to Mar3dand and her people, both as a colony and as a State. 

This treatise cannot be better concluded than by subjoin- 
ing the following extracts from the admirable paper of the 
Honorable Charles E. Phelps, Judge of the Supreme Bench of 
Baltimore City, read before the State Bar Association, in 1897, 
entitled "Some Characteristics of the Provincial Judiciary" : 

Perhaps the first impression made upon the mind of the 
lawyer who looks through the old (Maryland) reports is the 
entire absence of anything like judicial reasoning. The con- 
clusion reached by the court is uniformly expressed in the 
briefest formula, with no attempt at what is called an opinion. 
This remark is applicable not only to the cases decided by the 
Provincial Court, but also to cases in the Court of Appeals, 
and to the few probate cases appealed from the Commissary 
General or Prerogative Court to the Court of Delegates. This 
absence of judicial reasoning leads to the suspicion that the 
judges of that day were not lawyers by profession. 

There exists direct evidence to this effect in the observa- 
tions of the celebrated Daniel Dulany, upon the judgment of 
the Provincial Court, in the case of West vs. Stigar, i H. & 
McH., 247 (1767). The dissatisfied counsel in that case, 
pending, or in anticipation of a writ of error, applied to Mr. 



THE JUDICIAL SYSTEM 155 

Dill any, the great oracle of the day, for his opinion, and 
elicited a very full one, beginning as follows : 

"On perusing the record, I am strongly of the opinion 
that the judgment of the I'rovincial Court ought to be 
reversed, but what may be the opinion of the Court of 
Appeals I should be more confident in predicting, if the 
judges were lawyers b}'' profession, than I am on consideration 
that they are not." * * * * 

From the circumstance which indirectly suggested this 
digression, the non-professional character of the provincial 
judges, it might be inferred that their decisions upon general 
principles have not been regarded as entitled to the same 
authority as those upon the construction of provincial statutes 
or customs. The same was the case in Virginia, where, as we 
learn from Mr. Jefferson, in the preface to his reports, the 
General Court consisted of the " King's Privy Counsellors 
only, chosen from among the gentlemon of the country for 
their wealth and standing, without any regard to legal knowl- 
edge ". He remarks that their decisions on English law were 
not as authorative as those on the peculiar laws of Virginia. 
"As precedents," he adds, " they established the construction 
of our own enactments, and gave them the shape and meaning 
under which our property has ever since been transmitted, and 
is regulated and held to this day." * * * * 

A less attractive feature of the provincial judiciary than 
even their want of legal learning, was their lack of official inde- 
pendence. Like all other provincial incumbents, the provincial 
judges, from the highest to the lowest, held their positions at 
the pleasure of the appointing power, the Proprietor, or his 
deputy, the Governor, for the time being. They were, con- 
sequently, looked upon as his creatures, or as Mr. McMahon 
expresses it, as his ".satellites", "the mere breath of his 



156 COLONIAL MARYLAND 

nostrils ".' In all controversies in which the interests of the 
Proprietor, or even the private interests of his dependents or 
favorites were involved, they occupied a weak and most 
unfortunate position. Whether justly or not, they were 
always liable to the suspicion of influence and favoritism. 

This habitual and suspected attitude of the Provincial 
Judges as minions of power could not fail to make a deep and 
lasting impression upon Maryland public opinion. All eyes 
were naturally turned to the jury as the real bulwark of public 
and private rights. Although summoned by sheriffs, who 
were themselves also removable at pleasure, jurors naturally 
shared the sentiments and reflected the opinions of the mass 
of the community from which they were drawn, and into which 
they were speedily to dissolve. Traditional confidence in the 
jurj^ and jealousy of the court has in Maryland found organic 
expression in the provision, in sharp contrast with the federal 
jurisprudence of the United States, that "in the trial of all 
criminal cases the jury shall be the judges of law, as well as of 
fact".' 

It has left other deep and permanent traces upon the daily 
practice in all our courts. The usage which prevails in Eng- 
land and in many of these States, both in civil and criminal 
cases, of a summing up of the evidence in a charge by the 
court has no existence in Maryland, where anything in the 
nature of a judicial balancing of evidence, or comment upon 
the weight of the testimony or the credibility of witnesses is 
scrupulously avoided. In criminal cases the court, as a rule, 
does not undertake to instruct the jury as to the law at all, 
even at the request of counsel, and when the court does advise 



1 McMahon, pp. 157, 309-311 ; Calvert vs. Eden, 2 H. & McH. 
PP- 345-360. 

2 Constitution, Art. 15, Sec. 5. 



THE JUDICIAL SYSTEM 157 

the jury, at their own request, such opinion is always carefully 
guarded by some expression to show that it is not to be taken 
as binding, but as advisor}- only. 

Considering the length of time it has been under fire, and 
the storm of abuse which for many ages it has provoked from 
defeated litigants, the venerable palladium not only still lives, 
but may be congratulated on presenting a remarkably health}^ 
and robust appearance. 

While to the lessons of provincial experience can be dis- 
tinctly traced, the trend of public opinion in Maryland, in 
securing the independence of the jury from the possible undue 
influence of the court, account is to be taken of the same 
provincial tradition, as a factor in the development of the 
peculiar sensitiveness of our people, as respects the independ- 
ence of their judges from undue influence of power. In no 
State is the popular nerve more acute, or the popular instinct 
more alert to the danger and disaster incident to the possible 
prostitution of such delicate and far-reaching functions, as 
those necessarily confided to the courts of law and equity. * * 

The two negative characteristics of the Proviuciul Judici- 
ary that have been referred to, their want both of professional 
training and of ofiicial independance, have left an affirmative 
stamp upon the organic law of Maryland in two well known 
provisions respecting the qualifications of judges.^ 

In like manner the provisions in the Declaration of Rights 
(Art 8) requiring the separation of the three departments of 
government, stands in sharp contrast with the fundamental 
policy of the provincial organism. Here we find a curious 
state of things, from the modern standpoint, powers legisla- 
tive, executive, and judicial, confounded together and massed 
in the same man, or set of men. 

I Declaration of Rights, Art. xxxiii ; Constitution, Art. 14, Sec. 2. 



158 COLONIAL MARYLAND 

The Governor and his Executive Council composed, at 
the same time, the Upper House of tlie General Assembly. 
They had, in addition, the exclusive legislative power in cer- 
tain cases. The Governor was (in the very early history of 
the Province) at the .same time Chief Justice and Chancellor, 
as well as Lieutenant-General and Admiral. The members 
of th;; Council were aL the same time judges of the Provincial 
Court, Judges of the Court of Appeals, and, in the infancy of 
the Province, Judges of the County Court of the oldest county. 
The Commi.siBary General having, under the name of the 
Prerogative Court, probate jurisdiction with the appointment 
of a deputy in each county, was usually a councillor. From 
the councillors were generally appointed the Court of Delegates, 
a special and occas.sional Appellate Court of Probate. From 
the councillors were also commissioned in part, although not 
exclusively, the special and temporarj' Courts of Assize, of 
0}-er and Terminer, and General Gaol Delivery for the several 
counties. The Judges of the Land Office, when the tribunal 
was established, were often also councillors. In fact, above 
the rank of Justices of the Peace and County Commissioners, 
who held the County Courts, the whole body of the Provincial 
Judiciar)^ served, at the same time, as Legislators and Execu- 
tive Councillors. 

Nor did this remarkable blending of powers stop here. 
The most important and lucrative fiscal and administrative 
functions were engro.ssed by the same body. They furnished 
the principal officeholders of the Province. It was natural and 
it was customary that the Proprietor's relatives and friends 
should be provided for in this way. All officials were 
supported by fees. For instance, the Chancellor's fee for 
sealing every decree was at one time fixed at two pounds 
currency, or four hundred and eighty pounds tobacco, and 



THE JUDICIAL SYSTEM 159 

half as much for every injunction. The Secretary, who 
acted as Registrar of the Court of Chancery, was allowed forty 
pounds tobacco for every bill filed, and as much " for every 
court the same shall continue ",^ and so on. 

The custom of the Proprietor to increase his revenue by 
exacting a bonus from the holders of lucrative offices, caused 
a constant tendenc}' to the imposition of excessive fees along 
the whole line. This became a standing subject of complaint, 
and of frequent struggle between the two houses. The Upper 
House, composed of the beneficiaries of extortion, resisted as 
long as possible, the efforts of the Burgesses to accomplish the 
definite legal regulation of fees. When established by law, 
but exceeded in practice, appeals to the courts for redress 
often failed, from the fact that the Judges were themselves 
either the offending parties, or else closely allied with them. 

Another grievance was found in the stubborn resistance, 
for some time interposed by the Upper House, to attempts at 
limiting a pecuniary miuimum to the jurisdiction of the Pro- 
vincial Court, and conferring upon the County Courts exclu- 
sive original jurisdiction in petty cases. It was, naturally, 
felt to be an altogether needless and oppressive hardship, that 
in such small cases, parties and witnesses should be compelled 
to travel long distances to obtain justice. But the Upper 
House was composed of the Judges of the Court whose emolu- 
ments were in question, and the self-interest of a privileged 
class for a long time prevailed over the public welfare. 

These and similar causes of dissatisfaction and friction 
furnished an object lesson in the science of government which 
contributed more than the abstract speculations of Montes- 
quieu, to the establishment, at the Revolution, of the whole- 
some principle which forbids the mischievous concentration in 

I Archives (Ass. Pro. 1676) pp. 532-534. 



i6o COLONIAL MARYLAND 

the same hands, of powers, in their nature, distinct and 
independant. 

They also furnish a practical commentary upon that 
provision in the Declaration of Rights (Article 33), which 
forbids a Judge from holding any other office, or receiving 
fees or perquisites. 

It is as eas3^ to trace these articles of the Declaration of 
Rights to the abuses mentioned, as it is to find in the peculiar 
Maryland prohibition of a poll-tax, (Art. 15) a direct origin 
in the exasperating provincial ' ' forty per poll ' ' levied for the 
support of the established church. 

That these were serious defects in the scheme of govern- 
ment as practically worked out under the rule of the Proprie- 
tors, there can, of course, be no doubt. It was blemished by 
pluralism, by nepotism, by venality, by an undue susceptibility 
to influence in the administration of justice, by want of 
capacity in the judicial corps. These defects have received 
but scant notice from historians. They have been thrown 
into the shade by those far more familiar and fascinating 
features which have attracted so much admiring attention to 
early Provincial Maryland as the cradle of religious liberty, 
and to later Provincial Maryland as the nursery of civil 
liberty and of revolutionary heroes. 

While, therefore, all proper weight is to be accorded to, 
and all necessary instruction derived from such criticism as 
may be well taken, no hasty judgment is to be pronounced 
upon the Proprietors. These faults were mainly those of the 
age, or those incident to the novel circumstances under which 
the experiment was made. The whole anomalous situation 
has been aptly summed up as an " aristocratic government 
overshadowing the sleeping germ of democracy " . ' 



I McSherry's, p. 177. 



THE JUDICIAL SYSTEM i6i 

Candor compels the reluctant confession that the record 
of the Provincial Judiciary System, in one important detail, 
compares favorably with the practical administration of crim- 
inal justice in some parts of Maryland upon the eve of the 
twentieth century. 

There were, it is true, shortly after the original settle- 
ment, and before the regular tribunals were fairly in the 
saddle, some rather eccentric proceedings at old Saint Mary's, 
resulting in capital executions for piracy and murder. But 
these were conducted in solemn form, before the Assembly of 
Freemen, constituting itself a court, pro hac vice, and had 
none of the revolting marks of tumultuous and irresponsible 
mob violence. It is also true, that during the transition 
period of revolutionar}' overthrow of the Provincial Govern- 
ment, there did occur fierce political outbreaks which ceased 
however with the re-establishment of law and order under the 
Republic. * * * * 

The Provincial Judges, if not lawyers, were, as a rule, at 
least men of worth and probity, of standing and substance, 
and of more or less liberal education. If they belonged to a 
priviledged class, they had at least the conscience, the generous 
impulses, and the self-respect of their class. We hear no 
charges of bald corruption even in the most excited manifestoes 
of insurrectionary violence. For one hundred and forty years, 
through stormy vicissitudes in State and church, the long 
procession of provincial judges moved on, dispensing justice to 
successive generations, if not with conspicuous learning and 
ability, at least with humanity, moderation, and good sen.se. 

Their deficiency in technical knowledge was to a con- 
siderable extent supplemented by the efforts of the professional 
gentlemen who practised before them, and who have left not 
only traditional, but recorded evidence of their worthiness to 



1 62 COLONIAL MARYLAND 

head the long and illustrious line of the Maryland Bar. While 
the appointment of lay judges was the rule, the rule was not 
altogether without exceptions, as in the case of Lewger, 
Gerrard, Jenings, and of the two Dulanys, father and son. 
Such exceptional appointments have fortunately left a few 
brilliant names to illustrate the obscure annals of the Provin- 
cial Judiciary. If they handed down to the veneration of 
posterity no constellation of great names like those of Hale, 
Mansfield, Marshall, and Tane}^ the Maryland contemporaries 
of Scroggs and Jeffreys furnished at least no parallel to their 
bad fame. Their administration of individual justice appears 
to have been sufficiently impartial, and as between party and 
party, they may be assumed to have poised the scales with 
an even hand. 



4* 



CHAPTER Vni. 

Some (Ibaractcri6tic0 of the flDar^lanb 
jeetablisbment* 

rPHE history of the Protestant Episcopal Church and 
I church law in Maryland, falls naturally into three 
divisions : First, from the settlement of the Province 
to the English Revolution, of 1688 ; second, from the English 
Revolution, of 1688, to the American Revolution, of 1776 ; 
and, third, from the American Revolution, of 1776, to the 
present day. 

In the first of these periods there was almost no church 
in the Province. In 1642, it is said there was not one 
Protestant clergymen in Maryland.^ On May 25, 1676, the 
Rev. John Yeo, a clergymen of the Church of England, who 

1 This Chapter consists principally of the brief filed by the author 
and his associates (who have courteously consented to its use in this 
connection), in the Court of Appeals of Maryland, in the case of Saint 
Matthew's Parish vs. Rev. F. S. Hipkins, and reported in vol. 75, Mary- 
land Reports, p. 5, etc. The associate counsel in the case, on the part of 
the parish, were the Honorable Henry E. Davis, Governor Wm. Pinkney 
White, and Henry Wise Garnet, to each and all of whom the fullest 
recognition is accorded and acknowledgment made, and particularly to 
the indefatigable Davis, to whose profound learning and logic, as 
displayed iti the preparation of the brief, special credit and honor are 
due. Though a large number of the briefs were printed at the time, 
the demand was in excess of the supply, and the reproduction here of 
the historic parts of it has been strongly urged. 

2 Winsor's History of America, Vol. iii, p. 531. Neil, the Founders 
of Maryland, pp. 96, 99, 100. 



1 64 COLONIAL MARYLAND 

had arrived in Maryland the year before, wrote his well-known 
letter to the Archbishop of Canterbury, complaining that there 
were then in the Province ' ' but three Protestant ministers of 
us that are comformable to the doctrine and discipline of the 
Church of England " . ' 

Yeo's letter was referred to the Bishop of London, who 
in turn, referred it to L,ord Baltimore, with an application 
that some provision be made for a Protestant ministry. To 
this application Baltimore replied that the Act of 1649, con- 
cerning religion, tolerated and protected every sect, and added 
that four ministers of the Church of England were in posses- 
sion of plantations which offered them a decent subsistence, 
and that from the various religious tenets of the members of 
the assembly it would be extremely difficult, if not impossible 
to induce it to consent to a law that should oblige any sect to 
maintain other ministers than its own.^ The privy council, 
however, directed that some provision should be made for the 
ministry of the Church of England, but nothing was done, 
although Baltimore returned to Maryland in 1680.^ 

The situation thus revealed shows how much use Balti- 
more was disposed to make of the power given him by his 
charter, the fourth section of which granted him " the patron- 
ages and advowsons ' , of all churches which should be built 
ill the Province," together with license and faculty of erecting 
and founding churches, chapels, and places of worship * * * * ^ 
and of causing the same to be dedicated and consecrated 

1 Neill, p. 148. 

But then there were at this time three Protestant churches, one on 
Trinit)' (now Smith's) creek ; Saint Georges church, now Poplar Hill; and 
one on Saint Paul's creek, now Church Run. on Saint Clement's Manor. 
The first permanent minister, however, of the Church of England — Rev. 
William Wilkinson — did not arrive until 1650. Allen, "Who were the 
early settlers of Maryland " ; "Day Star", p. 145. 

2 Neill, p. 151. 3 Winsor, p. 547. 



THE CHURCH ESTABLISHMENT 165 

according to the ecclesiastical laws of our Kingdom of 
England ' ' . 

Nor was there any church law save the "Toleration Act", 
the purport of which was only to guarantee religious liberty. 
The Province had made none, and the English ecclesiastical 
law never had a place in Maryland's church system. 

In a word, then, there was in Maryland prior to the 
Revolution of 1688, neither church nor church law worthy of 
consideration. But the events of 1688 in England had a 
direct and almost immediate effect upon the Maryland church, 
resulting, first, in the recognition of William and Mary (1692, 
chap, i), and, secondly, in the passage of the Act of 1692, 
chap. 2. (The different views taken of the causes and purpose 
of this latter Act do not now concern us, but the curious on 
the subject may consult with interest Browne's Maryland, pp. 
1^5. i()0 et seq ; Doyle's English Colonies in America, first 
volume, pp. 319-320 ; Eodge's English Colonies in America, 
pp. 119 (f/ seg ; Davis' Day - Star, pp. 87 et scq : McMahon's 
Maryland, 237 et seg). 

The Act of 1692, chapter 2, which may be said to mark 
the beginning of the second of the periods above indicated, 
is entitled " An act for the service of Almighty God and the 
establishment of the Protestant religion in this Province. ' ' 

Bacon says of it : " This Act laid the first foundation for 
the establishment of the Protestant religion in this Province 
and contains many notable particulars relating to parochial 
rights obtained under it " . He proceeds to give an abstract 
of its provisions, of which those material to our inquiry are as 
follows : 

"(i). That the Church of England, within this Prov- 
ince, shall have and enjoy all her Rights, Liberties and 
Franchises as now is, or hereafter shall be, established by law : 



i66 COLONIAL MARYLAND 

And, also, that the Great Charter of England be kept and 
observed in all Points. 

"(3). The County Justices to meet, by Appointment, at 
their respective County Court-Houses, giving Notice to the 
principal Freeholders to attend them, * * * * and there, with 
the advice of the said principal Freeholders, lay out their 
several Counties into Parishes, =>=*** to be entered upon 
record. -^- * * * 

' (4). The .several Parishes being thus limited, the Free- 
holders of each parish to meet, by Appointment of the Justices 
of the County Courts, and make choice of six Vestrymen, who 
shall have a clerk to take Accounts, &c., and with the first 
Tobaccos, Wares, Goods, &c., by this Act, or any other Ways 
or Means whatsoever, given, granted, raised or allowed to the 
use of the Church or Mini.stry of the said Parish to which 
they belong, shall erect and build one Church, &c., in the 
Parish (such Parishes as have already Churches and Chapels 
built in them excepted). * * * * 

"(5). Forty per Poll, deducting 5 per Cent, for the 
Sheriff's salary, on all Taxables ; which Tobacco so raised 
(after building a Church or Chapel within Each Parish) to be 
appropriated and applied by the Vestrymen, to the Use and 
Benefit of the Minister. But if no Minister be Inducted, then 
to be laid out for the necessary Reparation of the Churches, 
or other pious Uses, at the discretion of the Vestry. 

"(6). The Vestry were impowered to take Possession of 
Any Bequests, Grants, &c. , by any Persons piously inclined, 
* * * and applj' the same to the Use and Intent of the Donor 
or Donors. 

"(7). The Vestries impowered to prosecute and main- 
tain any Actions whatsoever, real, personal or mixed, for the 
Recovery of all or any of the Premises aforesaid, from any 



THE CHURCH ESTABLISHMENT 167 

Persons detaining any Goods or Chattels, Tenements or Here- 
ditaments given and granted, and otherwise appointed to the 
uses aforesaid, and for any Damages, Tresspasses, &c. , as 
amply as a Body Politic, or Corporate, might or could do, for 
recovering and preserving the Premises aforesaid : The princi- 
pal Vestryman, with other of the Vestrymen, to be mentioned 
in the Writ and Declaration, and other Proceedings. 

"(8). On Death or Removal of any Vestryman, the 
other Vestrymen, at their next Meeting, were impowered to 
chuse another in his Room, &c."' 

An Act, entitled "An Additional Act to the Act for 
Religion", was passed October 18, 1694, and another, with 
the same title, was passed May 22, 1695. Bacon gives none 
of the provisions of either of these Acts, stating that both 
were repealed by Act of 1696, chapter 18. 

This Act of 1696, bears the same title as that of 1692, and 
purported to repeal the latter as well as the Act of 1695. The 
Act of 1694 is not mentioned, probably because it was, in 
terms, limited in its operation to the period of three years. 

The King dissented to the Act of 1696, on November 30, 
1699, assigning as a reason that " therein is a clause declaring 
all the laws of England to be in force in Maryland ; which 
clause is of another nature than that which is .set fortli by the 
title in the said law " . ^ 



1 The Vestry acted for the State in the erection and care of church 
buildings, and as preservers of the peace within the limits of the church 
and church yard. Later, other functions were added, such as choosing 
of counters to prevent the excessive production of tobacco, the nomina- 
tion of inspectors of tobacco for the warehouses within their parishes, 
and of reporting persons liable to be taxed as bachelors. Vestrymen and 
church wardens were subject to a fine for refusing to act. — Church Life 
in Colonial Maryland. 

2 Bacon. 



1 68 COLONIAL MARYLAND 

The objectional clause provided as follows : 

" That the Church of England, within this Province, shall 
Enjoy all and Singular her Rights, Priviliges and Freedoms, 
as it is now, or shall be, at any Time hereafter, established by 
L,aw in the Kingdom of England : And that his Majesty's 
Subjects of this Province shall enjoy all their Rights and 
L,iberties, according to the Laws and Statutes of the Kingdom 
of England, in all Matters and Causes, where the Laws of this 
Province are Silent. ' ' 

On the King's dissent to the Act of 1696, and within six 
months thereafter, namely, on May 9, 1700, another Act was 
passed, entitled, "An Act for the Service of Almighty God 
and Establishment of Religion in this Province according to 
the Church of England ". ' This Act was likewise disapproved 
by the King, and was returned, as Bacon says, "with 
amendments proposed which were accepted, and an Act, 
pursuant thereto, passed the 25th of March, 1702, whereby 
this Act was repealed ' ' . 

The Act of 1702,^ is entitled " an Act for the establish- 
ment of religious worship in this Province, according to the 
Church of England, and for the Maintenance of Ministers". 
It is printed in full by Bacon, and contains twenty-two 
sections. Its material provisions are as follows : 

' ' That the Book of Common Prayer and Administration 
of the Sacraments, with other Rites and Ceremonies of the 
Church, according to the use of the Church of England, the 
Psalter or Psalms of David, and Morning and Evening Prayer 
therein Contained, be solemnly read by all and every 
Minister or Reader in every Church which now is, or here- 
after shall be settled and established in this Province ; and that 
all Congregations and Places of Public Worship, according to 

I 1700, Chapter i. 2 Chapter, i. 



THE CHURCH ESTABLISHMENT 169 

the Usage of the Church of England, within this Province, for 
the Maintenance of whose Ministers and the Persons officiating 
therein, anj- certain Income or Revenue is, or shall, by the 
Laws of this Province, be established and enjoined to be raised 
or paid, shall be deemed settled and established churches".' 

" That a Tax or x^ssessment of Fort}' Pounds of Tobacco 
per Poll be nearly and every Year successively levied upon 
every taxable Person within each respective Parish, * * * -i- 
which said Assessment, of Forty Pounds of Tobacco per Poll, 
shall always be paid and allowed to the Minister of each 
respective Parish, having no other Benefice to officiate in, 
prese7iLed, inducted, or appointed by his Excellency the Governor, 
or Commander in Chief, for the Ti?ne being. ^ ^^ * -^ * 

' ' That Marriages forbidden by the Table of Marriages of 
the Church of England be not performed, under penalty, and 
that no marriage be performed by a layman in any Parish 
where a Minister or Incumbent shall reside.^ 

' ' That the .'Sheriff shall collect the Fort}' per Poll and pay 
over the same to the Minister or Incumbent in each respective 
Parish.' 

" And the better to promote the execution of the good 
Laws of this Province, so far as concerns the respective 
Parishes, and for the more easy Dispatch of Parish business, 
* * * -'- that there be select Vestries in each Parish of this 
Province, and that the several Vestrymen of the several 
Parishes within this Province, that now are, or hereafter shall 
be chosen by such select Vestry, of which \'estry the Number 
shall always be six at least, except u])on Death or Resignation, 
or other Discharge of any of them according to the Provision 
herein made to that Purpose ; and in such Case of Death or 

I Act, 1702, C. I, Section 2. 2 Ibid, Section 3. 

3 Ibid, Sections 4, 5. 4 Ibid, Section 6. 

K 



lyo COLONIAL MARYLAND 

Resignation, or other legal Discharge from servnng, the 
remaining Part of such Vestries shall, with all Convenient 
Speed, summon and appoint a general Meeting of all the 
Inhabitants of the said Parish, who are Freeholders within 
the same Parish and contribute to the Public Taxes and 
Charges of the said Parish, who shall, by Majority of Voices, 
elect and choose one or more sober and discreet Person or 
Persons, Freeholders of each respective Parish, to supply such 
Vacancies . ' * * * * 

"That two new Vestrymen shall be annuall}' chosen, in 
the Places of tw^o others, who shall be left out ; to which 
Purpose, all the Inhabitants of every Parish, being Freeholders 
within the same Parish, and contributing to the Public Taxes 
and Charges thereof, or such of them as shall think fit to 
attend, shall repair to their respective Parish Churches, every 
Year successively upon Easter Monday, and there, by their 
free choice, declare what two Persons shall be discharged from 
their being Vestrj^meu, and choose two others, qualified 
according to this present Act, in their Stead and Room ; who 
taking the Oaths and performing all other Thing required 
by this present Act, or other Laws of this Province, for 
Vestrymen, shall be deemed and taken to be Members of 
the said Vestry, to all Intents and Purposes : Provided always. 
That in every Parish w^here any Minister or Incumbent is, or 
shall be lawfully, according to the Laws and Usages of this 
Province appointed and in Possession of any Living, invested 
with the Forty Pounds per Poll, a7id residing therein, he shall 
during the Continuance aforesaid, and no longer, be one of the 
Vestry of such Parish, and Principal of such Vestry, although 
there be the number of Six Persons, or more, besides " / 

I Ibid, Section 7. The remainder of the section prescribes the 
vestrymen's oaths. 2 Ibid, Sections, 8, 9. 



THE CHURCH ES TA BLISHMENT 1 7 1 

' ' That each Vestry shall appoint a Register to make due 
entr}' of Vestr}- Proceedings, Births, Marriages, and Burials, 
&c., and provide Books accordingly, under penalty. ' 

"That each Vestry shall meet once a month, &c., under 
penalty.^ 

' ' That tables of Marriages be set up in the several Parish 
Churches.' 

"That the said Vestrymen, and the rest of the Inhab- 
itants of every Parish, being Freeholders within the same 
Parish, and contributing to the Public Taxes and Charges 
there, do once every year, upon Easter- Monday, Yearly, make 
choice and appoint two sober and discreet Persons, Freeholders 

I Ibid, Sections 10, 11. 
The following is the decision in the Saint Margaret's Vestry case, 
Annapolis, Maryland, involving the interesting question of the rights 
and duties of a Parish P.egister in Maryland, decided January 29, 1894, 
by Revell, J. 

" The petition in this case vv'as filed on the nth of February, 1893, 
alleging in detail that the relator had all the necessary qualifications 
entitling him to enrollment on the parish books and to the right of 
suffrage in the election of vestrymen of the parish ; that the enrollment 
was necessary to enable him to participate in the election of vestrymen 
at the next election, to be held on Easter Monday following, April 3, 
1893 ; thai the register was fully informed of the qualifications of the 
relator, but refused an application made February 9, 1893, to enroll him, 
in denial of his rights and in violation of the plain duty of the register, 
and prayed for the writ of mandamus. 

"The Vestry Act of 1798, chapter 24, section 2, provides that 'every 
white male citizen of this State above twenty-one years of age, resident 
of the parish where he offers to vote six months next preceding the day 
of election, who shall have been entered on the books of said parish one 
month at least preceding the day of election as a member of the 
Protestant Episcopal Church, and who shall contribute to the charges 
of said parish in which he <^ffers lo vote such sum as a majority of the 
ve.=try in each parish shall annually, within ten days after their election, 
in writing, make known and declare, not exceeding $2, shall have a 
right of suffrage in the election of vestrymen for such parish.' 



2 Ibid, Section, 12. 3 Ibid, Section, 13. 



172 COLONIAL MARYLAND 

of their respective Parishes, to be Church Wardens for that 
year ; all the inliabitants of every Parish, being Freeholders 
within the same Parish and contributing to the Public Taxes 
and Charges thereof, having lyiberty also to vote in the Choice 
of Church Wardens/ 

' ' That the Church-Wardens and Vestry pay the Parochial 
Charges and Repairs of Churches, etc., "out of such Gifts, 
Goods, or Chattels as shall come to their hands for the Church 
or Parish Use "; that the penalties, etc., prescribed by the Act 
be levied by the Church-Wardens and applied to the Parochial 
charges ; and in case of insufficient effects to pa}' the Parochial 
charges, etc, , the County Courts on application of the Parish 
Vestry and Church-Wardens, to assess the respective Parishes, 
not exceeding ten Pounds of Tobacco per poll in any one year. ^ 



"Section 3 provides that it shall be the duty of the register to enroll 
any person of the Protestant Episcopal Church who shall appl}' for the 
purpose on the books of the parish, under penalty, etc. 

" Section 5 makes a majority of the vestrymen who shall attend 
judges of the qualification of voters and of the qualification of the parish- 
oners proposed to be elected as vestrymen. 

"The vestrj'men under section 6 and the register of the parish, 
section 18, are required to take and subscribe the oath of support and 
fidelity and for the faithful execution of their respective offices. 

"Now, in this case", continues the court, " what was the duty of 
the registerer which he was bound to perform, not only under penalty 
but under the sanctity of an oath ? Was it the mere mechanical act of 
enrolling the name of any person of the Protestant Episcopal Church 
applying to him for that purpose on the books of the parish ? Were this 
all, then his duty would be plain and he would have to enroll any person, 
black or white, male or female, belonging to said church who made 
application. But there were other and important qualifications of the 
applicant to be considered. He must be a white male citizen of this 
State, above twenty-one years of age, a resident, etc. 

" The judges of this court well know the diSiculty in determining 
the perplexing questions of residence and citizenship under the registra- 
tion law of this State from the numerous appeals arising from the action 
of the officers of registration which the court has been called irpon to 

I Ibid, Section, 14. 2 Ibid, Section 15. 



THE CHURCH ES TA BLISHMENT 1 7 3 

" That no Minister or Incumbent shall at one Time hold 
more than two parishes ; nor two unless by the desire or 
Agreement of the Vestry of the said adjacent Parish and con- 
sent of the Vestries where he resides and Appointment of the 
Ordinary."' 

That Vestries may appoint Lay-Readers in certain cases, 
such Readers ' ' procuring License from the Ordinary ' ' ; that 
the first Tuesday in Everj^ Month shall be Vestrj^ daj', without 
notice ; that Vestrymen may be removed in certain cases, 
their successors to be elected by the parishioners ; that the 
Vestry books may be inspected hy the parishioners, who may 
appeal from any Vestry proceedings to the Governor in Coun- 
cil and thence to the Crown ; that protestant dissenters shall 
have the benefit of the Acts of Toleration ; and, that the Act 
of 1700, Chapter i, be repealed.^ 

By the Act of 1704, Chapter 34, further provision was 
made for the levying of the ' ' ten per poll ' * for parochial 
charges, etc. 

And the Act of 1730, Chapter 23, provides for the election 
by the Vestry, of Vestrym.en to serve in the place of those 
elected who may decline to serve ; provides a penalty for those 

decide, involving delicate and difficult questions of law and fact. The 
register must also determine whether the applicant lives within the 
limits of the parish, whether he is a member of the church, and other 
questions may arise by no means free of difficuly, all of which involve 
the exercise of discretion or judgment. Discretion is but freedom to act 
according to one's judgment — the prompting and exercise of judgment, 
cautious discernment, discrimination. 

" It has been argued", adds the court, "that a denial of relief in 
this case 'would be a wrong without a remedy ; that a vestry in collusiou 
with a register could exclude parishoners from all participation in the 
church government atid perpetuate their powers indefinitely.' This con- 
dition must assume a corrupt vestry. Were this .so, such a vestry being 
under section 5 of the vestry act, judges of the qualification of voters and 

I Ibid, Section 16. 2 Ibid, Sections 17-22, 



174 COLONIAL MARYLAND 

declining to serve ; prescribes that the two eldest Vestrymen 
shall be annually left out and not liable to service again for 
three years, and provides for the collection of penalties im- 
posed by the Act of 1702. 

Such remained the " Establishment " down to the Ameri- 
can Revolution, except as affected by the Acts of 1763, 1771, 
and 1773, to be noticed hereafter. 

What was the character of this ' ' Establihsment ' ' , and what 
its government, laws, and usages ? There is current with 
some, a general and vague conception that in some way the 
English ecclesiastical system — the English ' ' Established 
Church " , if you please — lies back of the American Church , 
and in some undefined way furnishes its rules of conduct and 
government. That this is not so, is, we venture to think, 
abundantly shown by what is above set forth. 

The ' ' English Ecclesiastical Law could have been of no 
force in a colonial church in this country, until adopted bj- it, 
and such adoption could only be by express enactment, or b}- 
general usage for so long a period of time as to ripen into 
law " ; for, " if disuse is not to be regarded as proof that a 
law was inapplicable to the condition of a colony, then it 
follows, that for more than one hundred years prior to the 



of the qualification of the parishioners proposed to he elected as vestry 
men, could strike down as disqualified any one offering to vote for 
vestrymen or offering himself as a candidate, notwithstanding the 
register had enrolled every man offering himself as a voter. 

" But an applicant offering hin)self to the register as a qualified voter 
in said church is no worse off than a registered voter under the laws of 
this State oflFeriug his ballot at an election for President of the United 
States and being refused by the judge of election, and as the learned 
counsel says : 'What is he going to do about it' but enforce the penalty 
prescribed by law and sue for damages ? The election is over. His great 
freeman's right of suffrage is denied, and he is without other relief. I 
shall sustain the demurrer upon the ground and for the reasons above 
assigned." 



THE JUDICIAL SYSTEM 175 

Revolution, the Colonial Churches were necessarily subjected 
to foreign law without reference to their consent or wishes. 
Surely this was never the condition, either in Church or State, 
of au}^ English colony " . ' 

That it was never the condition of Maryland is beyond 
peradventure. It would be threshing very old straw to go 
over the question of the English law in force in Maryland. 
Kitty's Report on the Statutes, bringing to approximate 
settlement a matter long open, is testimony to one phase of 
the question, how much English law was adopted in Mary- 
land ; while the judicial decisions are conclusive that nothing 
of English law was ever in force unless adopted by legislative 
acts, judicial decisions, or constant usage. ^ 

But let us examine the Maryland ' ' Establishment ' ' and 
the Church in Maryland, with this conception in view. And 
to do this adequately we must first glance at the English 
establishment. 

What this English establishment was and is, will be thor- 
oughly understood only by a consideration of the following 
matters: i. The parishes of the church; 2, The property 
and support of the church in each parish ; 3, The government 
of the church ; and, 4, The appointment of rectors, their 
rights and tenure. 

I . A parish is that circuit of ground which is committed 
to the charge of one parson or vicar, or other minister having 
care of souls therein.^ The time when England was first 
divided into parishes is unknown, nor is it material to our 
inquiry.* 

1 Andrews, pp. 42, 43. 

2 See opinion of Chase, judge, in United States vs Worrall, 2 Dall. 
p. 384 ; McMahou, C. 3. 

3 Blackstone, Comm. i, pp. 111-113. 

4 Earl of Selborne's Defense of the Church of England against 
Disestablishment, pp. 115, 138. 



176 COLONIAL MARYLAND 

2. The property of the church in each parish consisted 
of the parish church and chapels, a "manse", or house of 
residence for the incumbent, with a glebe or portion of land 
attached to it, the fittings, furniture, and ornaments of the 
church and chapels, and the tithes. 

As respects the glebe and other lands of the church, the 
source thereof was as follows : 

"Originalh'. the land was the property of some lay person, 
which, when the rectory was formed, was dedicated to the 
church, and conveyed by him to the rector. Thus the free- 
hold was vested in the rector, and he was entitled to the land, 
including the grass, herbage, and everything else, as fully as 
the original owner had been ; but, as the land had been set 
apart b}- consecration for the church and churchyard, the 
right which the rector, as the owner of the freehold, had in 
the profits was proportionately diminished, because he could 
not desecrate it, or use it for any purpose which was incon- 
sistent with the object of its consecration. Nevertheless, the 
enjoyment of the property, so far as it could be exercised by 
one holding a sacred office, belonged to the rector, as the 
owner of the freehold " . ' 

But some of the founders, as they are called, were ecclesi- 
astical corporations, and some of them kings ; in every case, 
however, the effect of the foundation being the same.^ 

The fittings, etc , were, as a rule, the offerings of "indi- 
vidual piety or munificence ", or " provided by private contri- 
butions " . ^ 

Tithes were paid by the parishioners. Originally, says 
Blackstone, ' ' every man was at liberty to contribute his tithes 
to whatever priest or church he pleased, provided only, that 



1 Green slade vs. Darby, L. R. 3 Q. B. p. 421. 

2 Selborne's Defence, p. 114. 3 Ibid, p. 116. 



THE CHURCH ESTABLISHMENT 177 

he did it some " / and iti the absence of specification they were 
distributed by the bishop in his discretion. But in the time of 
Edgar, about the year 970, it was ordered that all tithes 
should be given to the mother church of the parish ; subject, 
however, to certain provisions for the support of chapels 
within the parish.^ 

"The lords, as Christianity spread itself, began to build 
churches upon their own demesnes or wastes * * * * and, in 
order to have divine .service regularly performed therein, 
obliged all their tenants to appropriate their tithes to the 
maintenance of the one officiating minister, instead of leaving 
them at liberty to distribute them among the clerg}^ of the 
diocese in general ; and this tract of land, the tithes whereof 
were so appropriated, formed a distinct parish. * * * * Thus 
parishes were gradually formed, and parish churches endowed 
with the tithes that arose within the circuit assigned " . ^ 

3. The government of the Church of England, was in 
accordance with the ecclesiastical division of the kingdom, 
which was as follows : Provinces, of which there were two, 
Canterbury and York , and of each of which the archbishop was 
the head ; dioceses, into which each province was divided, and 
of which the bishops were the respective heads ; archdeaconries, 
into which each diocese was divided, and over which the arch- 
deacons respectively ruled, within the limitations of their au- 
thority ; rural deaneries, each of which had its " rural dean " ; 
and. finally, pari.shes, into which every deanery was divided.* 

The archbishop, who was also called the Metropolitan, 
had general authority over the clergy throughout his prov- 
ince, besides having a diocese of his own in which he exercised 
Episcopal jurisdiction. 



I Blackstone, Cotniu. i, p. in. 2 Ibid, p. 112. 

3 Ibid, p. 113. 4 Ibid, p. in. 



178 COLONIAL MARYLAND 

' ' The power and authority of a bishop, besides the 
administration of certain holy ordinances peculiar to that 
sacred order, consists, principally, in inspecting the manners 
of the people and clergy, and punishing them in order to 
reformation, by eccles'astical censures. To this purpose, he 
has several courts under him ", as also his dean and chapter 
as his council. '" It is, also, the business af a bishop to insti- 
tute and to direct induction to all ecclesiastical livings in his 
diocese " . ' 

A parson had full possession of all the rights of the paro- 
chial church ; and in each parish there might also be a curate, 
an officiating temporary minister, being, as Blackstone says, 
of ' ' the lowest degree in the church ' ' . 

A title very common in the English ecclesiastical system 
is that of the "ordinary", who is defined as being "one 
possessing immediate jurisdiction in his own right and not by 
special deputation;" as, "a bishop, archbishop, or other 
ecclesiastic or his deputy, in his capacity as an <?;f ^ab ecclesi- 
astical judge ".^ 

Each parish also had its vestry, church-wardens and 
parish clerks and sextons. Of these the church- wardens 
were the guardians or keepers of the church and represent- 
atives of the body of the parish. They were sometimes 
appointed by the minister, sometimes by the church, sometimes 
by both together, as custom might direct. They were deemed 
for some purposes a corporation, having a property in the 
goods and chattels of the parish and could bring actions in 
relation to them. They also levied fines, kept order in 
church, etc. 

Vestries, as we understand them, were not in existence. 
Properly speaking, the vestry was ' ' the assembly of the whole 

I Ibid, p. 377. 2 Century Dictionary. 



THE CHURCH ES TA BL ISHMENT 1 79 

parish met together in some convenient place for the dispatch 
of the affairs and business of the parish ' ' . Every parishioner 
who paid his "rates " had a right to come to these meetings, 
over which the parson presided, " for the regulating and 
directing this affair " . " From the practice of choosing a 
certain number of persons yearl}- to manage the concerns of 
the parish for that year ' ' grew up what were known as select 
vestries. But neither vestries, in the proper sense of the 
word, nor select vestries had any powers necessary to be 
noticed. * 

4. As already noted, every rector or person, in order to 
procure a benefice, had first to be presented, that is, offered to 
the bishop of the diocese to be instituted. The presentation 
was made by the patron, as he was called, of the cure, the 
person having the right of advowson. ' 'The founders of parish 
churches had power, when parishes were first formed and 
endowed, to determine in whom the right of 'advow.son' (z. <?. , 
of presentation to the benefice when vacant) should be 
vested ". This right was a heritable right, passing, on death 
or alienation, to the heirs or successors in estate of him having 
the right. ^ 

Upon presentation, the bishop, if he had no objection to 
the person presented, instituted him ; that is, put him in " care 
of the souls of the parish". Then followed induction, by 
virtue of which, the parson was in po.ssession of the temporali- 
ties of the benefice. 

At common law, to become a parson, .says Blackstone — 
and, as he declares, "the appellation oi parson (however it may 
be depreciated by familiar, clownish, and indiscriminate use), 
is the most legal, most beneficial, and most honorable that a 
parish priest can enjoy", there are four requisites necessary: 

1 Burn, Ecclesiastical Law. 2 Selborn, p. 123. 



i8o COLOIVIAL MARYLAND 

holy orders, presentation, institution, and induction. Presenta- 
tion, he says, is the offer of the proposed incumbent to the 
bishop for institution. Institution is "a kind of iyivestihire of 
the spiritual pari oi t)iQhQi\Q^ce" , but induction is something 
of more importance. 

" Upon institution, the clerk may enter on the parsonage 
house and glebe and take the tithes ; but he cannot grant or 
let them or bring an action for them until induction. 

" Induction is performed b}^ a mandate from the bishop 
to the archdeacon, who usually issues out a precept to other 
clergymen to perform it for him. It is done by giving the 
clerk corporal possession of the church, as by holding the ring 
of the door, tolling a bell, or the like ; and is a form required 
by law, with intent to give all the parishioners due notice and 
sufficient certainty of their new minister, to whom their tithes 
are to be paid. This, therefore, is the investitiire of the tem- 
poral part of the benefice, as institution is of the spiritual. 
And when a clerk is thus presented, instituted, and inducted 
into a rectory, he is then and not before, in full and complete 
possession, and is called in \2i\N persona iinpersonata, or parson 
imparsonee' ' 

And one might cease to be a parson in one of several 
ways onl}' : 

I. By death; 2, by cession, in taking another benefice; 
3, by consecration to a bishopric ; 4, by resignation, accepted 
by the ordinary ; and, 5, by deprivation, which might be by 
sentence ecclesiastical, "for fit and sufficient causes allowed by 
the common law " or ipso facto in certain cases, "in pursuance 
of divers penal statutes." ^ 

It thus appears that at the common law there was no such 
thing as a " severance of the pastorial relation ' ' for differences 

I Hlackstoue Comm. i, p. 384-392. 



THE CHURCH ES TABLISHMENT 1 8 1 

\ 
between parsons and their congregations. The parson, once 
in, had a freehold in the glebe, and the right to tithes, etc., 
and could not lo.se his rights, except by ceasing to be parson, 
as above indicated. In other words, if not deprived, and if 
he did not resign or accept another cure, or become a bishop, 
his tenure was tor life. 

Contrast with this order of things in the English Church, 
the Maryland " Establishment ". 

I. The parishes in Maryland, as mere territories to be 
committed to the clergy, were well enough provided for liy the 
Act of 1692 ; that is to say, the directions of that Act, if 
carried out, would sufficiently have carved the State into 
parishes.' And, in the main, this was sufficienth- done for 
all practical purposes. We find throughout, however, tliat 
new parishes were being constantly formed : whether b\- the 
division of old ones f or the erection of new ones :" or by the 
consolidation of two or more already- existing.'' And it was 
not unnatural that the boundaries of the several parishes 
.should thus become confused, so as to make necessary an Act 
for ascertaining the boundaries of all.'' 

1 Under this Act the Province was divided into thirty parishes, and 
which in 169)., in respect to churches and ministers, stood as follows: 
Saint Mar3''s, two parishes, three churches and one minister ; Kent, two 
parishes and two churches, but no minister ; Anne Arundel, four pari.shes, 
two churches and one minister; Calvert four parishes, tin ee churches 
and two ministers; Charles, three parishes, two churclies and one 
minister; Baltimore, three parishes, two churches and no niini-ter ; 
Talbot, three pari.shes, four churches and two ministers; .somerset, four 
parishes, one church and one minister ; Dorchester, two parishes, one 
chuich and no minister ; Cecil, two parishes, two churches and one mini- 
ster. (Allen," Who were the early Settlers of Maryland.'') Two years 
later three more churches had been built, and nine addiiionai ministers 
had come in. making in all eighteen. (Ibid). In 1720, tlie number of 
parishes had increa.sed, to thirty-eight, and in 176010 forty-two, and there 

2 Act, 1704, 0. 96. 3 Act, 1706, C. 4. 
4 Act, 1722, C. 3. 5 Act, 1713, C. ID. 



1 82 COLONIAL MARYLAND 

2. But, when we come to consider the property and 
support of the church in each parish, we find a radically 
different state of things from that in England. 

Some gifts of land there were, but gifts were not the rule. 
Prior to 1704, " several pious and well-disposed persons " had 
' ' granted unto the respective parishes whereto they [did] 
belong, certain parcels of ground for the use and benefit of 
a church and church-yard", but, through the neglect of the 
vestries selected under the Act of i6g6, no deeds to such lands 
had been taken. Wherefore, by Act of 1704, Chapter 38, 
provision was made for confirming the titles of such lands to 
the respective parishes, the grand juries being authorized to 
make inquiry in the matter, etc. , and where lands had been 
given, but the quantity not mentioned, the vestry was author- 
ized to "take of such lands, for the use of the church, and 
thereto adjacent, two acres and no more ". 



were forty one mini.sleis. (Hawks "History P. E. Church, p. 170; 
Allen, '■ Who were the earlj' vSettlers in Maryland".) A majority of 
these clergymen were of English birth, but a large number of them were 
Scotch and a few of them Irish. In 1720, it was estimated that there were 
"between ten and eleven thousand families of Episcopalians in the 
Province". (Hawkes, p. 170.) According to the report of the Governor 
of Maryland, in 1696, Iroin items furni.shed, on his requisition, by the 
Sherifi's of the several counties, made to the Bishop of London, there were 
in Maryland at that date also, eight Roman Catholic churches, five 
priests and two lay brothers, limited to the Counties of Charles and Saint 
Mary's; three Presbyterian churches and two ministers, limited to the 
County of Somerset ; and eight Quriker meeting houses, three meetings in 
privati" houses and two preachers, limited to the Counties of Kent, Anne 
Arundel, Calvert and Talbot. (Allen, " Who were the early settlers in 
Maryland'.) Hut in justice, it should here be noted, that the meagre- 
ness of this leport as to Roman Catholic Priests and places of worship 
was perhaps due to the fact that they were in Maryland, at that time 
under " proscription ' ', as the number of Roman Catholics in the Province 
a few years thereafter — 1708 — was reported to be 2974, and located as 
follows : Anne Arundel, 161 ; Baltimore, 53; Calvert, 48 ; Prince Georges, 
248 ; Charles, 709 ; Saint Mary's, 1238 ; Cecil, 49 ; Kent, 40 ; Queen Anne, 
179; Talbot. 89; Dorchester. 79 and Somerset, 8t. (London Pub. Rec. 
Office, .Maryland. B. T. Red No. 4, H. p. 79 ; Scharf, vol i, p. 370. 



THE CHURCH ES TABLISHMEN T 183 

Similar provision was made by the Act of 1722, Chapter 4, 
for confirming lands devised for the use of the church ; and, 
in some cases, special Acts were passed, vesting in the vestry, 
special gifts of lands. ' 

Generally, these gifts and devises were to the vestry or 
parish, but in one instance, at least, the gift or devise was to 
the rector and his successors. * 

Another source of acquisition of lands was by gift or 
grant of public lands ; as in the case of certain lots in xA.nnap- 
olis,' the "Old Stadt-house in St. Mary's city, in St. Mary's 
count)', and the lot whereon the same stands ",■* and a tract 
of two acres, " parcel of fifteen acres laid out for public uses 
at the town of Vienna, Dorchester county ".* 

But by far, the chief source of acquisition was in pro- 
vision of law, mostly in specific instances, authorizing the 
vestries to buy lands, and levying a tax of tobacco or money 
to pay therefore and to erect churches thereon.*' The Acts of 
this class are practically innumerable and were passed as lately 
as 1774. In some cases the expression " to make a glebe ", or 
" to be made a glebe ",'' was used. Besides, the vestries were 
empowered, with the aid of commissioners, to acquire lands 
by condemnation ;" in all cases the lands and churches to be 
paid for by tax. 

As respects the fittings, etc., of the churches, there were 
some few gifts of these, but in the main they were provided 
out of the ' ' forty per poll ' ' and the ' ' ten per poll ' ' , provided 
for by the act of r702.^ 

I Act, 1700, C. 5 ; 1701, C. 5. 2 Act, 1719, C. 6. 

3 Act, 1718, C. 8. 4 .\qX, 1720, C. 4. 

5 Act, 1725, C. 9. 6 Act, 1727, C. 10. 

7 Act, 1750, C. 17; 1751 C. 6. S Act, 1704, C. 38 ; 1747, C. iS. 

9 It has been said that the "art of keeping warm is of modern 
invention '", and eminently was the absence of ihis art seen in the house 



1 84 COLONIAL MARYLAND 

The tenure of the land acquired in the several wa5's in- 
dicated, whethe ' in the rector (as was the case in very rare 
instances), or iu the vestry (as was the rule), seems to have 
been such that neither rect r nor vestry could make any dis- 
position of them without authority of the legislature. Thus 
we find acts enabling the rector to sell or the vestry to sell, or 
to lease or to exchange lands. These Acts clearly show that 
the vestries were treated as mere trustees, holding the church 
properties for the one purpose, "the use and benefit of the 
church ' ' . 

3. As for government, the church had none. The 
"ordinary" was mentioned in the legislation on the subject, 
but there was no ordinary ; and throughout the period we are 
considering there was no bishop, the first bishop, Claggett, 
not being elected until 1792.' 

Respecting the govennnent of the Church during this 
period. Hawks sa5's : 

" Theoretically, the Bishop of London was the diocesan : 
spiritual jurisdiction therefore, including the important par- 
ticular of discipline, belonged to him, and the clerg}' had all 
along been accustomed so to think. But they were embarassed 
because the}' found that the matter of jurisdiction was in some 
mode or other in tlie hands of the proprietor also * * * =i= 
Thus Lord Baltimore selected a clergyman in Kngland, and 
appointed him to a living ; the Bishop of London gave him a 
license ; the Governor of the Province inducted him ; if he did 
wrong, tlie commissary tried him, if they happened to be a 

of God. For until abont two generations ago, the churches of Mary- 
land had no fires in them,- or means provided for making fire. There 
was a fire in the Vestry house, a detached building, but at church time 
access to it was prevented by the doors being closed and locked. — Church 
life in Colonial Maryland, 120. 
I Hawks, p. 310. 



THE CHURCH ESTABLISHMENT 185 

commissary ; and when convicted, no pov.er punished him ; for 
after induction, even his L/Ordship, the Proprietor, could not 
remove him ; and the Bishop of I^ondon, nominally his diocesan, 
could neither give nor take away the meanest living in the 
Province".' 

"As long as no clergyman could have a living in Mary- 
land without Lord Baltimore's assent ; as long as the Governor 
had the sole right of induction, on his own or his Lordship's 
presentation and as long as the legal effect of inductiofi was to 
fasten the incumbent on a parish for life, no matter what might 
be his conduct ; it is perfectly plain that to talk of the jurisdic- 
tion of bishop or commissary was a mere farce "."' 

4. Passing now to the appointment of rectors, their rights 
and tenure, it is first to be observed that there were no patrons 
in Maryland, in the sense in which there were in England. 
All the livings were in the gift of the Lord Proprietary, a 
right of which he was to the end tenacious. How a rector got 
his benefice has just been shown b}' the extract from Hawks. 
And what his rights were after getting his place maj- be stated 
in few words : he got the use of the glebe and parsonage, if 
an}-, and his " Forty per poll ". These he enjoyed, at first, 
for life ; for so much of English conception of the rights and 
privileges of a rector seems to have been adopted by Maryland 
as to give to the formality of induction the same legal conse- 
quence in Maryland as in England. 

That it was the formality of induction which was supposed 
to work the life tenure is made clear by the above extract from 
Hawks. And Eden, the last of the Proprietar)^ Governors, 
saw the matter in the same light: "at present", said he, 
speaking in 1769 or 1770, "when a clergyman is inducted, he 

I Hawks, p. 189, 2 Ibid, p. 193. 



1 86 COL ONI A L MA R YLAND 

becomes quite unaccountable and independent " . ' It is impor- 
tant to bear this in mind ; for after the American Revolution 
induction ceased. As Hawks says, in 1807, when the question 
of the canon on that subject was under consideration, "of the 
Maryland clergy, not one had been inducted, nor was one 
likely to be " . ^ 

Such being, in general, the character of the Maryland 
" Establishment ", it is necessary in order fully to understand 
it and its effects, to consider briefly the character of the clergy 
created by the system, and the attitude of the people of the 
Province toward them. 

It is a sad story ; that of the Maryland clergy under the 
"Establishment". But it is, unfortunately, only too true. 
The testimony on all sides is in one direction only. 

Dr. Hawks, an esteemed clergyman of the Church and 
once a candidate for the Bishopric of Maryland, cannot be 
called a hostile witness. Hear him : 

" It is not wonderful that the clergy, thus secure in their 
livings after induction, and with but feeble powers over them 
for punishment when they did wrong, should sometimes 
exhibit but a sad example to their parishioners * * * * It 
must be remembered that it was too much the fashion to send 
to all these colonies the refuse of the English clergy, insomuch 
that our wonder is less that the Church in many places did not 
grow than that it was not utterly extinguished ' ' . 

' ' The people looked around among the clergy and saw 
every man doing just what he thought best ; they sought for 
a power to protect their spiritual interests by punishing the 
faithless agents of the government in things spiritual, and 
they found that power — nowhere".'^ 

I Hawks, p. 255. 2 Ibid, p. 363. 

3 Ibid, pp. 191, 235. 



THE CHURCH ESTABLISHMENT 187 

The pages of Hawks are replete with matter to the same 
effect. We are not surprised to see him write : 

' ' No wonder that such a bastard establishment as that of 
Maryland was odious to so many of the people ; we think their 
dislike is evidence of their virtue. It deserved to be despised, 
for it permitted clerical profligacy to murder the .souls of 
men " . ' 

Yeo's letter, above mentioned, written before the " F.stab- 
lishment ' ' , reveals a bad enough condition of things : 

But the clergy of that day were saintly in comparison with 
those of the period we are now considering. A less friendly, 
and, therefore, perhaps a more just critic of the clergj', writes : 

' ' The church which finally drove Catholicism to the wall 
was, perhaps, as contemptible an ecclesiastical organization as 
histor}- can .show. It had all the vices of the Virginian 
Church, without one of its safe-guards or redeeming qualities 
* ;;; >;: ;i; ^ clergymen, writing in 17 14, describes the disregard 
of holy things as universal ; the .sacraments as neglected and 
.sometimes not celebrated at all ; the manners of all cla.sses as 
dis.solute ; and the laws of marriage despised * * * * Mary- 
land, like Virginia, had also the misfortune of not receiving 
ministers through the Society for the Propagation of the 
Gospel. The patronage was badly administered, unworthy 
men were frequently appointed, and the whole organization 
closely resembled a corrupt civil service * * * * It is not eas}' 
to conceive the utter degradation of the mass of the Maryland 
clergy. Secure in their hou.ses and glebes, and the tax .settled 
by law and collected by the sherifTs for their benefit, they set 
decency and public opinion at defiance. They hunted, raced 
horses, drank, gambled, and were the parasites and boon 
companions of the wealthy planters." ^ * * * * 

I Ibid, p. 236. 2 Lodge, p. 120. 



i88 COLONIAL MARYLAND 

Truly a shocking state of things ; which is here revealed, 
not because the picture is pleasant to dwell upon, but because 
it is necessary to enable us to understand the legislation 
presently to be noticed. Small wonder that the clergy " were 
not only despised, but they were bitterly disliked ", and that 
the}^ were constantly opposed b}- government and people. 

Indeed, the patience of the people seems to have been 
phenomenal. It was not until 1763* that the " Forty per 
Poll " was seriously interfered with, and it was then done only 
as part of an enactment for amending the staple of tobacco. 

In 1771,^ however, a significant Act was passed. It was 
limited in eifect to seven years, before the end of which time 
the American Revolution was on and the ' ' Establishment ' ' 
a thing of the past. By this act it was, among other things, 
provided as follows : 

" Upon a complaint in writing, by a majority of the ves- 
trymen and wardens, exhibited to the Governor and Council, 
setting forth that the incumbent hath willfully neglected to 
officiate, or hath been guilty of .scandalous immorality, the 
Governor, by the advice of his Council, may appoint three 
beneficed ministers, and three laymen, in conjunction with him- 
self, or with the first member of the Council who shall be of 
the Church of England, if the Governor be not of that church, 
to inquire into the grounds of the complaint, by taking deposi- 
tions in writing. And the sentence of this tribunal may be to 
admonish, to suspend, or to totally deprive ; and, at discretion, 
they may further award the offender to pay costs. In case of 
a suspen.sion, the Governor is autliorized to appoint a minister 
to officiate in the party's stead, and to receive the income and 
profits".^ 

I Act, 1763, Chapter 18. 2 Act, 1771, Chapter 31. 3 Hanson. 



THE CHURCH ESTABLISHMENT 189 

There is no more important act than this in the history 
of the Maryland Church. It is the first legislative declaration 
of the Maryland laity against a life-holding clergy, and was 
but the foreshadowing of what was shortly to come. 

The last Act passed during the Establishment/ is also not 
without its significance. The Act of 1763, reducing the 
"Forty per Poll" to thirty, expired by limitation in 1770. 
Governor Eden thereupon took the ground that the "Forty 
per Poll" was restored. The question was taken up by the 
people, Daniel Dulany leading the Governor's side and Charles 
Carroll, of Carrollton, the other side. The election of 1773 
turned largely upon the question and was decided against the 
Governor's party. '' 

In the course of this contest there developed another, 
being over no less a proposition than that the Act of Establish- 
ment of 1702 had never been law. The ground taken was 
that the Assembly which passed the law was chosen under 
writs of election in King William's name and convened March 
16, 1 70 1 — '2, whereas the King had died eight days' before. 
The Revolution put an end to this question, but, says Hawks, 
had it not been so determined ' it can hardly be doubted that 
this objection would so far have prevailed as to overthrow the 
establishment entirely " : a striking illustration of the popular 
feeling towards the clergy and the ' ' Establishment " . ^ 

I Act, 1773, C. 28. 2 Brown, p. 266. 

3 This was probably the most noted political controversy within the 
annals of Colonial Maryland — more so even, perhaps, than that over the 
famous proclamation of 1770 to restore the "fee bills' ' as established by the 
Act of 1763 — The controversy enlisted the most distinguished talent of the 
Province, and was characterized by a display of ability, learning, spirit 
and invective not often brought to bear upon any cause and which gave 
it unusual prominence. The spirit of resistance ran so high that in many 
cases payment of the tax was successfully resisted — notably in the case 
of Joseph H. Harrison, a representative in the House of Delegates, from 



igo COLONIAL MARYLAND 

The Act of 1773, Chapter 28, mentioned, provided, 
" Thirty per Poll " for the clergy, but contained o. proviso that 
it was ' ' not to influence the determination of the question 
respecting the 40 per poll law " . ^ 

Thus stood the ' ' Establishment ' ' at the close of the 
period under consideration. We examine it in vain for evi- 
dence of the adoption of an}^ feature of the English ecclesias- 
tical law, save only as to the supposed legal effect of the 
induction of a rector. " lyord Baltimore did not found, build, 
or support the churches and chapels, either with or without 
license from the King. The people built and sustained 
them".' 

Vestries and Church Wardens there were, but with powers 
and duties differing from those of similar officers in England, 
and all carefully prescribed by statute. There was no arch- 
bishop, bishop, nor church government of any sort. In short, 
there was no play for the English ecclesiastical law. And 
the imperfectl}' iniderstood incident of induction, which had 
been borrowed, in a blind sort of way, from the mother 
country, could not itself have found place, had the people and 
the Proprietary been at one, in.stead of being con.stantly at 

odds. 

/ 



Charles County. He refused to pay the tax and was arrested. He then 
paid it under protest, to redeem his person, and sued Richard Lee, the 
Sheriff, for false inipri.soumeut, the Act of 1702, under which the sheriflF 
was proccedinj^, I eing ;is alleged, null and void. Though there was no 
actual iniprisonnient, such was the spirit and temper of the times and the 
.state of public feeling upon the subject, that he was awarded damages to 
the extent of ^60, the full amount claimed. Charles County Court 
Records, March 1774. — B'ssays relating to this controversy maj' be 
found in ist Chalmers "Collection of Opinions", p. 303, 343 ; Maryland 
Gazette, December 31st, 1772 ; January 14th and 28th ; February 4th, 
nth and 25th ; March iSth and 25th ; April ist, 15th, 29th, and May 27th 
1773- 

I Hanson. 2 Hawks, p, 258. 



THE CHURCH ESTABLISHMENT 191 

In 1774, Maryland, in effect, renounced allegiance to the 
mother country. A provincial government was then organ- 
ized, and continued its sessions until the close of 1776, when 
the new State government had been provided. 

On November 3d, 1776, the Declaration of Rights was 
adopted. By the thirty-third section of this it was declared, 
that no person ought 'to be compelled to frequent or main- 
tain, or contribute, unless on contract, to maintain any par- 
ticular place of worship, or any particular ministry". But, 
proceeds the Declaration : 

"The churches, chapels, glebes, and all other property 
now belonging to the Church of England, ought to remain to 
the Church of England forever. And all Acts of Assembly 
lately passed for collecting monies for building or repairing 
particular churches or chapels of ease, shall continue in force 
and be executed, unless the Legislature shall by Act supersede 
or repeal the same ; but no County Court shall assess any 
quantity of tobacco or sum of money hereafter, on the applica- 
tion of any Vestry or Church Wardens ; and every incumbent 
of the Church of England who hath remained in his parish, 
and performed his duty, shall be entitled to receive the pro- 
vision and support established by the Act entitled, An Act for 
the Support of the Clergy of the Church of England, in this 
Province, till the November Court of this present year, to be 
held for the county in which his parish shall lie, or partly lie, 
or for such time as he hath remained in his parish, and per- 
formed his duty ' ' . 

The third section of the Declaration continued in force 
existing laws, except as altered b}^ the convention ' ' or this 
declaration of rights ' ' . 

These provisions destroyed the ' ' Establishment ' ' , root 
and branch. There was no " Established Church" after the 



192 COLONIAL MARYLAND 

date of the Declaration, and no " Forty per Poll " after " No- 
vember Court". More than this, there were no "patronages 
and advowsons", no "induction". The Church was left 
without law and without order. "The Rev. Jonathan Bou- 
cher and a third of the clergy sided with the Crown. Ulti. 
mately, quite all the churches were closed, and the clergy, for 
the most part, left the country ".' 

In 1779, the legislature acted on the subject of the Church 
for the first time since the Declaration of Rights. By Act of 
March, 1779, Chapter 9, select vestries in each parish were 
provided for. The sections of the Act, material to our inquiry, 
are the following : 

"That the select vestries so to be chosen, and their suc- 
cessors, shall, as trustees of the parish, be vested with an 
estate in fee in all the glebe-lands, as also in all churches and 
chapels, and the land thereunto belonging, late the property of 
the people professing the religion of the Church of England, 
and also as trustees aforesaid, shall have full property in all 
books, plate, and other ornaments belonging to said churches 
and chapels or any of them " . '^ 

"That the said vestrymen, or the major part of them 
shall have full power and authority to emplo)' a minister or 
reader of the Church of England, to officiate in their respective 
churches or chapels for such time as may be agreed upon ; and 
may take in subscriptions from all pensons willing to contribute 
towards the support of such minister or reader, and also for 
the .support of a clerk to such minister, and giving a salary 
not exceeding thirty pounds, to the register of such vestries.* 

' ' That the possession and free use of all glebe-lands 
shall belong to the minister of each parish, from the time of 

1 Bishop White's Memoirs, p. 34. 

2 Act, 1779, Section 15. 3 Ibid, Section 16. 



THE CHURCH ES TA BI. IS H MEN T 193 

his having agreed with the select vestry as aforesaid, for and 
during the time he shall coutiniie to remain therein as minister 
of the parish ; and he shall be entitled to all profits thereof 
during the time aforesaid, au3'thing lierein contained to the 
contrary notwithstanding " . ' 

By Act of November, 1779, Chapter 7, this Act was 
amended (as to Section 15), by vesting in the select vestries, 
all property of the church, in their respective parishes, includ- 
ing debts, etc., which, it was thought, the earlier Act might 
not cover. 

But this Act failed to revive the church. The vestries 
complained of their limited control over the church property, 
and other objections, to the system created by the Act, were 
urged, with the result that the Act of 1798, Chapter 24, was 
pa.ssed ; which, with an alteration unimportant to our con.sid- 
eration,' remains law to this day. 

The preamble recites the inadequacy of the earlier Act, to 
the exigencies of the church. The substantial changes made 
by it, which are material to our consideration, are as follows : 

The number of the vestry is fixed at eight, in addition to 
the rector, who is to preside at all meetings and have a vote in 
case of a tie, but not in any matter " in which he is in any 
manner particularly interested " . * 

The rector is to " have, except he may otherwise contract 
with the vestry, the possession, occupation, and free use of all 
the glebe-lands, houses, ground-rents, books and other property 
belonging to his pari.sh, and be entitled to the benefit thereof 
during the time he shall officiate therein as rector " . * 

The vestry is given a fee simple in all lands and a good 
title and estate in all other property of the church ; ' ' and it 

I Ibid, Section 17. 2 Act, 1828, Chapter 136, Section 3. 

3 Act, 1798, Chapter 24, Sections 2, 8. 4 Ibid, Section 8. 



194 COLONIAL MARYLAND 

shall be lawful for such vestr}' so to manage and direct all 
such property as they may think most advantageous to the 
interests of the parishioners, and they shall also have the 
property in all books, plate and other ornaments belonging to 
said churches and chapels, or any of them ". ' 

The vestry is made a bod}' corporate, with power to re- 
ceive lands and goods, and to rent or lease the lands " in such 
a manner as they may judge most conducive to the interests " 
of the parish ; but the vestry may not sell any of the property 
of the church without the consent of five at least of the body, 
of whom the rector shall be one.^ 

' ' That the vestry of each parish shall have full power and 
authority, from time to time, to choose one or more ministers 
or readers of the Protestant Episcopal Church (heretofore 
called the Church of England), to officiate in any church or 
chapel belonging to the parish, and to perform the other duties 
of a minister therein, for such time as the said vestry may 
think proper, and they maj' agree and contract with such 
minister or ministers, reader or readers, for his or their salary, 
and respecting the use of the parsonage-house, or any glebe 
or other lands, or other property, if any, belonging to the 
parish, and on such terms and conditions as thej- may think 
reasonable and proper, and their choice and contract shall be 
entered among their proceedings ; and upon the expiration of 
such contract, the said vestry may, in their discretion, renew 
their choice, or make a new contract, but if they do not incline 
so to do, their former choice and contract shall remain until 
they declare their desire to make a new choice or contract " . ' 

Two important differences between these two acts are to be 
noted. B}' the earlier, the rector is given absolute possession 



I Ibid, Section 9. 2 Ibid, Sections 28, 29. 

3 Ibid, Section 15. 



THE CHURCH ESTABLISHMENT 195 

of the glebe, etc., whereas by the latter, the vestry may, by 
the terms of its contract, keep him out of such possession. 
Again, by the earlier, provision is made only for one specific 
contract between rector and vestry, by agreement of the two 
parties, whereas, by the latter, the vestry is given power to 
choose the rector for such time as it maj^ think proper, and if 
a time limit be set, the vestry may allow the same to pass 
without losing the right at any time thereafter, to " make a 
new choice or contract ' ' . 

What, then, is the power of a Maryland vestry as to disso- 
lution of the pastoral connection of a rector previously chosen ? 

It is shown that the ecclesiastical law of England is not 
and never was in force in Maryland. As matter of law, it has 
never been decided by any tribunal having proper jurisdiction 
that even the incident of induction above noted ever had place 
in the Maryland system. But it is conceded that during the 
' ' Establishment ' " the clergy claimed life-tenure as the ' ' legal 
effect of induction ", the same as in England, and that the 
claim was so far acquiesced in that no clergyman appears ever 
to have been removed against his will. 

The important point is, that the claim to life-tenure was 
always based by the clergy upon induction. The case was the 
same in Virginia. " Without induction, the clergy was held 
to possess no freehold in his living, but was at any time liable 
to removal, at the pleasure of the vestry, without trial or even 
crime alleged against him. Under tho.se circumstances, there 
were bvtt few of the clergy who could con.sider their situations 
as permanent, for there were but few who could prevail upon 
their vestries to present them for induction. The general 
custom, therefore, was to hire the minister from year to 
year " . ' 



I Hawks, Virginia, p. 



196 COLONIAL MARYLAND 

What was this induction, that it should work such a 
result ? The very act of induction answers the question : It 
was the investiture of the parson with the freehold in the 
church lands, the tenure of which was, of course, for life. 
The ceremon}^ was as formal as the old liver}' of seisin, per- 
formed before the eyes of all. It gave the parson a property 
interest with which neither vestry nor parish, neither patron 
nor ordinary, could interfere when once it was vested. The 
only way in which it could be lost involuntarily was by such 
conduct of the parson as would lead to deprivation. 

The Maryland article of induction was a great improve- 
ment on the English. The rector got no freehold in anything, 
and went through no ver}'- formal ceremony, but when the 
Governor or Proprietary "inducted" him, he was in, so that no 
earthly power could ever get him out. Deprivations had no 
terrors for him. 

This monstrous assumption produced its natural fruit : 
hostility to the church and worse than corruption in the clergy. 
The state of affairs above .set forth, could have produced but 
one result, i. e , that when the laity should ultimately come to 
deal with the clergy and its tenure it would do thorough work. 
It was just this that happened. The Vestry Act of 1779 not 
only did away with the farce of induction ; it did not even stop 
at giving the vestry the right to select a minister for the parish ; 
but it gav^e the vestry the right to fix the term of the rector's 
incumbency. The rector was to be employed — note the offen- 
sive word — for such time as might be agreed upon. 

Let it be remembered, too, that at the time this Act was 
passed there was absolutely no ecclesiastical authority in 
Maryland. There never had been a bishop, and the undefined, 
more than uncertain, claim of jurisdiction of the Bishop of 
London had wholly disappeared. Who was there to interfere 



777^ CHURCH ES TA BUSHMEN T 197 

between rector and vestry if they should agree? And what 
rector could get a living unless he agreed with some vestry ? 

There was no diocesan convention to keep a parish un- 
represented in its meetings if it did not happen to meet the 
convention's views. In a word, the clergy and the vestries 
were at large, with all the power and advantage on the side of 
the latter. 

The Act of 1798 made no change in those particulars 
except to intensify them. By its terms the vestry was to 
' ' choose ' ' instead of to " employ ' ' its minister, but the rights 
of the vestry are, if anything, strengthened : in this, that the 
vestry may make its contract and let it continue in force until 
it sees fit to change it. Under the Act of 1779 some question 
may have arisen whether by allowing the rector to remain over 
his time he had not acquired a fresh term of at least one year. 
Under the Act of 1798, no such question can possibly arise. ^ 

I The followino; is the syllabus of the decision in that case of Saint 
Matthew's Parish vs. E H. Bartlett, et. al. — 75 Maryland Reports, p. 5. 

1. Under the Act of 1798, Chapter 24, incorporating the Vestries of 
the Protestant Episcopal Church and vesting in them the title and 
possession of all lands and properties belonging to the Church, the vestry 
is not only authorized to "choose" or appoint a minister, but his tenure 
and the termination of his pastoral relations are the subject matter of 
contract between the vestry and himself. 

2. That Title Second, Canon Fourth, of the Canons of the Protest- 
ant Episcopal Church is inconsistent with the Act of Maryland of 1798, 
and is therefore not in force in the State of Maryland. 

3. That in this case the vestry engaged the rector in compliance 
with the Act of 1798, and under its provisions, having contracted to pay 
him a certain sum per year, no other reference to time being made, it 
was a contract for a definite time, i. <?., from year to year, and if such 
contract had been made for an indefinite time it would have been one to 
be determined at the will of either party. 

4. That in the case before the court, the vestry acted within their 
powers under the law, and the complainent, Hipkins, is no longer rector 
of the parish and his bill is dismissed. 

The Act of 1798 is not to be found, it is true, in the coJe. But the 
code is a codification ot' the public general laws and the public local laws. 



198 COLONIAL MARYLAND 

Thus did the Acts of 1779 and 1798 settle the question of 
" severinj^ the pastoral connection " in Maryland. The great 
principal of life tenure had been broken in upon. Maryland 
had had her full share of experience with a life holding clergy, 
and when she came to legislate upon the " new conditions", 
as created by the Revolution, she knew her mind on that 
subject quite as clearh' as upon the subject of civil liberty. 

But, to remain secure in the rights thus established, it 
was deemed necessary, at a later date, to also procure amend- 
ments to the general canon — canon of the " National Church " 
— on the subject. 

As already stated, the Knglish ecclesiastical law not being 
in force in this country, except as adopted ; and, there being 
no ecclesiastical courts, or other authority to deprive a clergy- 
may of his benefice, and the English law in that regard, being 
incapable of adoption ; and, there being no statutes, penal or 
otherwise, governing the subject of deprivation, or "dissolu- 
tion of the pastoral connection", it became necessary that 
some provision on the subject be made, either by the National 
Church, or by the churches in the several dioceses, or by both 
of them. 

Now, it happened, as of necessity, that the National 
Church, or General Convention, was formed by the union of 
churches in various dioceses : at first, Connecticut, New York, 
New Jersey, Pennsylvania, Delaware, Maryland, and Virginia, 
and afterwards, Massachusetts and New Hampshire.' With- 
out going into the subject in detail, it is matter of common 
knowledge that the National Church was modeled upon the 



This Act is neither a public general law nor is it a public local law. It 
is a mere private Act incorporating the vestries of a particular religious 
denomination, private corporations, and being a private law it was not 
and could not properly be codified as part of the public general laws. 
I Andrews, pp. 24, 30. 



THE CHURCH ESTABLISHMENT 199 

Uuion of the States, with the familiar incidents of granted and 
reserved powers. Gradually, the constitution took form and 
the body of canons grew. ^ 

Until 1804, however, there was no canon dealing with the 
dissolution of the pastoral connection. In the year mentioned, 
there was presented to the General Convention, the memorial 
of Trinity Church, New Jersey, respecting "an unhappy dis- 
pute between that parish and its rector " . " The result — very 
much as it would have been in the Congress of the United 
States, in a political matter originally unprovided for — was a 
legislative provision, much deprecated by some, but thought 
necessary, and, therefore, advisable by the majority. 

The object was to govern the matter of severance of the 
pastoral connection by general law. The original of the 
canon, "Title II, Canon 4", was the outcome. This canon 
took very much the form it now has, in 1832, and was finally 
put in its present form, in 1877.^ 

That canon professedly deals with the dissolution of the 
pastoral connection, and it prescribes a method for bringing 
about such dissolution. It enacts, in fact, that no rector shal 
be removed from his own parish against his will, except as 
provided by the canon. And it proceeds to provide that if 
the rector does not want to go, he may appeal to the bishop, 
or other proper ecclesiastical authority, who shall be ' ' the 
ultimate arbiter and judge " in the matter. And if the bishop, 
should decide in favor of the rector, and the parish should not 
submit, the parish shall thereupon become disqualified " from 
representation in the convention of the diocese, until it shall 

1 See Bishop White's Memoirs, Bishop Ferry's History of the Amer- 
ican Episcopal Church ; Hawk's Ecclesiastical Constitutions. 

2 Bishop White's Memoir's; Perry's Handbook, p. 104. 

3 Digest of Canons. 



200 COLONIAL MARYLAND 

have been declared by the ecclesiastical authority to have given 
satisfactory guaranties for the acceptance of and compliance 
with the arbitration and judgment". But it provides also 
that it shall not be in force in any diocese with whose laws it 
may interfere. 

From the very first, the right of the National Church, or 
General Convention, to make canons was very guardedly 
allowed and its exercise was most jealously watched b)' the 
several dioceses.' 

In the same General Convention of 1804, there were 
adopted canons requiring the induction of ministers to entitle 
them to be considered as ' ' regularly settled ' ' , and also 
providing for the " dis.solution of the pastoral connection". 
Because the provisions of these canons interfered with the 
rights of certain of the dioceses under existing local law and 
usage they were so qualified at the very next convention, as to 
save all local rights. 

Maryland was one of the dioceses affected by the canons 
mentioned. Says Bishop White, as to the requirment of 
induction:^ "In Maryland the measure interfered directly 
with the vestry law ". Hawks" says, in relation to the same 
matter: "This justly gave alarm to the Maryland Church. 
The vestry Act had settled the rights of ministers as parochial 
clergymen, and there was consequently some uncertainty, to 
say the least, as to the legal effect in Maryland of an induction 
* * * * In 1807, therefore, the delegates from the diocese to 
the General Convention were instructed, if possible to have the 
canon relating to induction reconsidered * * In 1808 it enacted 
that the canon should not be obligatory on the church in those 
States with whose usages, laws or charters it interfered ". 

I Andrews, pp. 58, 59. 2 Bishop White's Memoirs, p. 231. 

3 Hawks, pp. 363, 364. 



THE CHURCH ES TA BL ISHMENT 20 1 

In as full a sense and to as full an extent the canon relat- 
ing to the 'dissolution of the pastorial connection" en- 
croached upon the rights of the Maryland Church and 
" interfered directly with the vestry law ", which allowed the 
vestry to contract at pleasure with its minister. Accordingly, 
this canon was also, at the same time, similarl\- amended b}- 
the provision now contained in section four, to wit : That it 
shall not be in force in any ,State, with whose laws it may be 
inconsistent. ' 

That these canons are not in force in Maryland, is evi- 
denced by another most significant consideration. The Con- 
vention did not like to make these amendments, and, in acting, 
u.sed these wnrds : "It is understood the church designs not 
to express an approbation of any laws which make the station 
of a minister dependent on an3-thing else than his own .sound- 
ness in the faith or worth}' conduct "." 

In the light of the Convention's protest, in amending the 
canons under consideration, what becomes of that loose, but 
not uncommon assertion, that life-tenure of the clergy is the 
universal underlying principle of the Protestant Episcopal 
Church? Hoffman's remarks upon the relations of rector 
and Vestry in New York, are not inappropriate here : 

" In closing this important branch of the subject, I beg to 
remark that clergymen too often forget the new and peculiar 
relation in which they place themselves, when the church they 
belong to has been incorporated by the State. Whenever the 
provisions of such statutes expressly, or by necessary implica- 
tion, govern his relations with a vestry or congregation, or 
otherwise, thev form the ab.solute law for him ".' 



I Hoffman, p. 122. 2 Ibid, p. 332, 

3 Ecclesiastical Law of New York, p. 77. 



M 



202 COLONIAL MARYLAND 

Nothing can be plainer than that, view the case as we 
may, we are thrown upon the Maryland vestry law for a 
solution of the question at issue. 

Under that law, the vestry may choose a minister for such 
time as it may think proper, and ma}- agree with him as to 
salary on such terms and conditions as it may think reasonable 
and proper ; and, upon the expiration of the contract, the 
vestry may renew it, but if not renewed, the vestry's choice 
and contract shall remain until it declares its desire to make a 
new choice or contract. 



4* 



CHAPTER IX. 

Some of fll^ar^lan^'5 lEaii)? Churches. 



IN 1692, the Church of England became, by law, the estab- 
lished Church of the Province. Provision was made for 
dividing the several counties into parishes, the election of 
vestrymen for each, and the imposition of a poll tax of 40 lbs. 
of tobacco upon all the taxable inhabitants of each parish, for 
the support of the same. ' 

Under this Act, the counties of the Eastern Shore were 
divided into thirteen parishes, as follows : Kent, into Saint 
Paul and Kent Island ; Cecil, into North Sassafras and South 
vSassafras ; Talbot, into Saint Paul's, Saint Michael's, and 
Saint Peter's ; Dorchester, into Great Choptank and Dorches- 
ter ; and Somerset, into Coventry, Somerset, Stepney, and 
Snow Hill. The counties of the Western Shore were divided 
into seventeen parishes, as follows : Anne Arundel, into Saint 
Margaret's, Westminster, Saint Anne's, Saint James', and All 
Hallow's ; Baltimore, into Saint George's, Saint John's, and 
Saint Paul's ; Calvert into. All Faith, Saint Paul's, Christ 
Church, and All Saints ; Charles, into William and Mary, 
Port Tobacco, Durham, and Piscataway or Saint John's ; and 
Saint Mary's, into William and Mary, and King and Queen.* 



1 Act, 1692, C. 2. 

2 Archives (CI. Pro. 1692) pp. 472-475; Perry's American Colonial 
Church ; Old Brick Churches in Maryland, pp. ;i4, 127, 128. 



204 COLONIAL MARYLAND 

The following is the record of proceedings for the laying 
out of Saint Mary's County into parishes : 

" To his Excellency the Gov^ernor and Council. 

"The bounds and limits of Saint Mary's County par- 
ishes laid out the 5th day of September, Anno Dom. 1692, by 
virtue of a late Act of Assembly thereunto directing, are as 
follows, viz : It was by the Justices and Freeholders of the 
said County, for the aforesaid end and purpose met at Newtown' 
the day and year above said, and then and there agreed that 
Saint Mary's County be divided into two parishes, and that 
the same be divided between Newtown hundred and Clement's 
hundred by Mr. Langworth's (Saint Clement's) branch which 
leads to Pottuxen main road, the lower whereof to be called 
by the name of William and Mary Parish, and the upper, by 
the name of King and Queen Parish. 

" Certified from the records of Saint Mary's County Court, 
this 2nd day of March, in the fifth year of their Majesty's 
Reign, Anno Dom. 1692. 

"P. me Henry Denton, CI.'" 

By this division, William and Mary Parish embraced all 
that part of the County lying between Saint Clements Bay and 
Point Lookout, its boundries being, the Potomac River, Saint 
Clement's Bay and River, the Calvert County line (then near 
Three Notched road to Pyne Hill Run, and with it to the bay), 
and the Chesapeake Bay to Point Lookout. And thus it 
continued, until Saint Andrew's Parish was erected in 1745, 
when the upper boundary was changed to Poplar Hill Creek, 
on the Potomac, and from thence by a line through Clifton 
Mills, (the Factory) to Legrand's Creek on the Patuxent. 
The records in which the boundaries of the Parishes of Saint 

I Archives (Pro. CI. 1692) p. 474. 



THE EARL Y CHURCHES 205 

Mary's County were recorded, perished when the Court House 
was burned in 1831, but the above mentioned line, separating 
William and Mary Parish from Saint Andrews, was ascer- 
tained and again defined in 1851, when William and Mary was 
divided into two parishes — vSaint Mary's, all that part on the 
east side, and William and Mary — all that part on tht west 
side of the Saint Mary,s River, the latter parish extending up 
the County to a line drawn from Poplar Hill Creek to Clifton 
Mills, and the former to a line drawn from Clifton Mills to 
lyCgrand's Creek on the Patuxent.^ 

The first Vestry of William and Mary Parish, elected 1692, 
was composed of John Campbell, Kenelm Cheseldine, Robert 
Mason, John Watson , Thomas Beall and John Llewellin.^ Its 
/first Parish Church was ' Poplar Hill Church ", (now known ) 
\ as Saint George's), and which continued to occupy the same 
relation, to the parish as it now does to that part of it which 
still bears the original name. 

Of this venerable old edifice — erected as early as 1642, 
and the second Church of England built by the Maryland 
Colonists'' — unfortunately, but little is known. Its location, 
however, is still susceptible of identification. It was a brick 
building, and stood about fifteen feet north of the present 
Poplar Hill Church, and, as indicated by its still visible out- 
lines, its dimensions were about thirty-six by fifty feet. 
/ The present church was erected, it is said, about 1750. 

( The early records of the parish are no longer accessible ; but, 
in the Whittingham Library, there are a few extracts taken 
from them, shortly before their destruction by fire, early in 
the present century. Among them, is the following order for 
aome repairs to Poplar Hill Church : 

1 See Proceedings, P. E. Convention, 1851. 

2 Perry's American Colonial Church. 

3 Who Were the Early Settlers of Matyland— Allen. 



2o6 COLONIAL MARYLAND 

"At a \'estry held at Poplar Hill Church, April lo, 1721, 
the vestry agreed wtli Mr. Josh Doyne to repair the windows 
of Poplar Hill Church. Vizt- To make four iron casements 
to be fitted to ye middle light of ye side windows, and to find 
glass for what is wanting. In consideration thereof, to allow 
the said Doyne 300 tbs. of Tobo for the iron casements, and 
for what glass is new, measured from end to end, each light 
at 12 tbs. of Tobo pr foot. And for what is only mended by 
putting Paises of glass into the old lead, the lights to be meas- 
ured and to be allowed 6 lbs. of Tobo pr foot ' ' . 

" Likewise, the same did agree with Mr. Josh Doyne to 
place a window in the west end of Poplar Hill Church, 6 foot 
square from out to out, and a new frame, the said Doyne to be 
allowed 400 lbs. of Tob. for the same ' ' . 

At this time, Messrs. Richard Hopewell, George Clark, 
William Harrison, Anthonj^ Semmes, William Canoday, and 
James Waughop, appear to have been the vestrymen of the 
parish. 

In the same library, is the following letter, from an early 
rector of the parish, which shows a cordial and liberal response 
of its parishioners to the appeal of Governor Sharp in behalf 
of the suffering people of Boston, consequent upon the destruc- 
tive fire there, in 1760 : 

' ' May it please your Excellency : 

"Since \\\y letter of the 17th instant, I received last 
Sunday, at Poplar Hill Church, (quite unexpected) after 
divine Service, some more Money on Account of the Sufferers 
by the late dreadful Fire at Boston. I thought it incumbent 
on me to acquaint your Excellency of any further Sum that 
shou'd be collected ; that thereby you may be informed of the 
Donations received by me. The Sum total now amounts to 



THE EARL Y CHURCHES 207 

Seventeen pounds eleven Shillings and four pence half penny, 
which I have paid the Sheriff in Obedience to your Commands, 
and am 

' ' Sir, with the greatest Dut)' and Respect 
" Your Excellency's Most obedient and humble Servant, 

' ' Moses Tabbs. 
"St. Mary's County 

" June ye 25th 1760. 

' ' To his Excellency. ' ' 

In 1724, the Rev. I^eigh Massey reported to the Governor 
that the parish contained two churches, about 500 parishioners 
and " an extraordinary glebe of 400 acres, but the house very 
indifferent " . ' 

In the chancel of the old church was a horizontal slab, 
still in good preservation, containing the following inscription : 
" Near this place lyes inter'd the Revd Mr. Leigh Massey. He 
was educated at Oxford, Rector of this Parish, the darling of 
his Flock and Beloved by all who knew him. He dyed Janu- 
ary ID, 1732-3 ; aged 29".^ In the isle which led from the 
front door to the alter, is still to be seen another slab, 

1 Perry's American Colonial Church. 

2 The Rev. Leigh Massey, for many years the close friend and spiritual 
adviser of Washington, was the nephew of Mr. Massey, of Poplar Hill. 
He married the daughter of the distinguished lawyer and patriot of 
Virginia, George Johnston, and was the grand father of the late Major 
John T. Stoddert, of "Wicomico", Charles County, Maryland. He is 
said to have been a ripe scholar and a great wit. It is recorded of him 
that, he retired from the law, because his " conscience would not suffer 
him to make the "worst appear the better reason " ; ceased preaching be- 
cause of the " loss of his fore teeth " ; withdrew from medicine, which he 
practiced without charge, because he was "sent for by everybody", and 
declined a judgeship, because it " took him too much from his family " 
He died in 1814, at the advanced age of eighty six years. — See interesting 
letters about him from Major J. T. Stoddert, in Meades Virginia. 



2o8 COLONIAL MARYLAND 

which is to the memory of Joseph Holt who died in 1701. 
Near these, was discovered in 1886, several inches below the 
surface, a rectangular slab, to the memory of the Rev. Francis 
Sourton. On it is engraved a curiously quartered shield, 
supposed to be his coat-of-arms, and an epitaph in latin, 
translated as follows : ' ' Francis Sourtin Anglican of Devon- 
shire, son of Francis minister of evangelic truth. He was 
sedulous in a life often afflicted, and was buried in 1679". 
The legend, also in latin, has been translated thus, "And 
thou reader living in the I^ord Jesus Christ, keep the faith, and 
thou also, though dead, shall live " . ' 

In 1675, Robert Cager, of Saint Mar^-'s, devised his 
property ' ' for the maintenance of a Protestant ministery in 
Poplar Hill and Saint George's hundred. The following year 
the legislature confirmed the devise, and vested the title in the 
Mayor, Aldermen and Council of Saint Mary's City in trust for 
said purposes".'^ A part of this endowment — one of the 
earliest in Maryland — is the present glebe of Poplar Hill 
Parish (separated from William and Mar}- Parish in 1850) a 
tract of 400 acres, which still retains its original name " Itch- 
comb Freehold ". It is a curious coincidence that one of the 
executors of the will of Robert Cager was Mr. Francis Sour- 
ton, "* of Devonshire, England. In 1701, Mrs. Elizabeth Baker 
also devised to the pari.sh a tract of 100 acres, called "Town 
Land " and situated near Saint Mary's City.^ 

A few large, well bound and handsomely marked volumes 
of the old " Parish Library " established in 1701 bj- the Rev. 
Thomas Bray, Commi.ssar}- of Maryland, have been preserved.' 

1 For data as to Trinity Church, on Trinity Creek, and the old State 
House at Saint Mary's, which was dedicated to public worship, and both 
within the limits of this parish. — See pp. 39, 40, 75, 76. 

2 Archives, Act, 1676, p. 531. 3 Ibid. 

4 Will. Will Record Saint Mary's County. 

5 In the possession of Mrs. Charles Grason. 



THE EARL Y CHURCHES 209 

As the early records have perished, the names of the 
clergymen who officiated within the limits of the parish, before, 
as well as after its organization, and obtained from other 
sources, are here given. 

As early as 1639, the Rev. Thomas White was at Saint 
Mary's, and while there married John Hallis and Restitua 
Tue,' ser\^ants of Coruwaleys, and which is believed to be the 
first protestant marriage ceremony performed in Maryland. 
In 1650, the Rev. William Wilkinson — the first permanent 
prote.stant minister in the Province — came to Maryland, 
located in Saint George's hundred and for thirteen years 
ofiiciated at Poplar Hill and Saint Mary's." He died in 1663, 
and was succeeded by the Rev. Francis Sourton. Mr. vSourton 
was probably in the parish as early as 1676.^ He died in 1679.^ 
In 1683, the Rev. Duel Pead was in the Pari.sh, and in Novem- 
ber of that year the Legislature passed a vote of thanks to 
him " for the learned sermon preached before the two Houses 
of Assembly on the i4tli inst".' In 1689, the Rev. Paul 
Bertrand', who four 3-ears before had been sent from England 
to Calvert County, in respon.se to the petition of Mary Taney," 
was at Poplar Hill,' and in 1692, when the Parish was formallj' 
organized, the Rev. Thomas Davis was in charge.' He was 
succeeded in turn, by the Revs. James Crawford in 1694 ;'' 
Peregrine Coney in 1696;'" Benjamine Nobbs in 1700;' ' Jo.seph 
Holt in 1 701 ;'^ Henry Jennings in 1706 ;' ' Leigh Massey in 
1723 (died their in 1733) ;** Lawrence De Butts in 1735, (died 

1 Rev. George A. Leakin, in Marylruid Clnirchtnan, September, 
1892 ; Neill, p. 78. 

2 Day Star, p. 145. 3 See Wiil, Robert Cager. 

4 See tombstone at Poplar Hill. 5 Arch. (Ass. Pro.) pp. 4S3, 562. 
6 Gambrall, p. 67. 7 Rev. M. H. Vaughan. 

8 Allen. 9 Ibid. 10 Scharf, 1 p. 352. 

II Ibid, p. 366. 12 Allen. 13 Ibid. 

14 Act, 1723 ; Tombstone at Poplar Hill. 



2IO COLONIAL MARYLAND 

there in 1752) ;' Moses Tabbs in 1752, and served until his 
death, which occurred in 1777 ;^ Rev. Joseph Messenger, of 
Saint Andrews Parish, officiated in William and Mary after 
the death of Mr. Tabbs and until 1786 ;^ Rev. Benjamine 
Sebastine in 1786, from Christ Church, Calvert County ;* 
Rev. James Simpson, from 1788 to 1793 ; Rev. Andrew ^ 
Elliott in 1795 ; Rev. Charles Smoat, made Deacon by 1- 
Bishop Claggett, June, 1793, Priest, November, 1795, (died 
there in 1805); Rev. Francis Barclay, from 1808 to 18 10; Rev. 
James Jackson, from 181 2 to 1816 ; Rev. John Brady, from 
1816 to 1822 (died there in 1822) ; Rev. R. Kearny, from 1824 
to 1828 ;* Rev. H. N. Hotchkiss, in 1829, during whose min- 
istry the proposition to pull down the old State House at 
Saint Mary's was carried. He is said to have displaced the 
first bricks, died a few days thereafter and is buried in the 
Northwest corner of the lot upon which it stood." 

The interesting and valuable early records of King and 
Queen Parish, in Saint Mary's Count}', have been destroyed, 
and all that can now be obtained of its earlier histor}-, must be 
gathered from scattered documents, references, and legislative 
enactments. ' 

When it was first laid out, it extended from vSaint Clem- 
ents Bay and Run to the extreme northern end of the county, 
as then defined, and which embraced within its limits, the 
territory known as " Newport - Hundred " , now a part of 
Charles County. Its boundaries were Saint Clements Bay 

I Maryland (lazeUe, July 9. 1752. 2 Allen. 

3 Ibid ; Saint An<lre\v's Records. 4 Allen. 

5 Ihid. 6 Pilate and Herod, 13. 

7 The substance of this sketch of King and Queen Parish, was given 
to " The Church ?ililitant ", the official organ of the Bishop of Washing- 
tou, and was published by it in December 1898. 



THE EARL Y CHURCHES 2 1 1 

Run (the latter then called Langworth's Branch), the Calvert 
County line (then near the Three Notched Road) to the upper 
extremit)' of Newport Hundred, thence to the head waters of 
Wicomico River (now Zachiah Swamp) and with the Wicom- 
ico and Potomac Rivers to the beginning.^ 

In 1706, Newport Hundred was taken away, and united 
to William and Mary Parish, in Charles County," but, in 17 15, 
' ' it appearing that the severance had been obtained by mis- 
representation " , it was again united to King and Queen 
Parish,^ where it remained until 1748. In 1744, an Act w'as 
passed to unite all that part of King and Queen Parish lying 
in Charles County, to Trinity Parish, in said County.' The 
Act w^ent into effect in 1748/' thus making the dividing line 
between Charles and Saint Mary's, the upper boundary of the 
parish, as it is to-day. In 1745. the lower boundar3' of the 
parish was extended down to Bretton's Bay and Run, its east- 
erly boundary, as established at the same time, being a line 
drawn, north 42}^ degrees west, from Major Barnes' mill 
(on Bretton's Baj' Run, about half a mile above the plank 
bridge), to the upper extremity of the county," but, in 174H, 
on complaint to the General Assembly, that the latter line 
' ' did not leave to King and Queen Parish a proportionable 
number of taxable inhabitants", it was changed, and a line 
running north 36 degrees west, from Major Barnes' mill, was 
adopted in its stead," and became the permanent dividing line 
between the Parishes of King and Queen and All Faith. 

The first parish church was probably Newport Church, then 
located in about the centre of the parish. In 1735, the rector, 
vestry, and church wardens, were authorized by the General 

I Archives (f'l. Pro. 1674) p. 49. 2 Act, 1706, C. 7. 

3 Act, 1715, C. 13. 4 Act. 1744, C. 14. 

5 Act, 1748. C. 9. 6 Act. 1745, C. 4. 

7 Act, 1748, C. 4- 



212 COLONIAL MARYLAND 

Assembl}' ' * to purchase two acres of ground to build a church 
on, in that part of the parish lying in Saint Mary's County, 
and to raise a fund, as well as to complete the said purchase 
and building, as to repair Newport Church within said parish' ' . ^ 
The following year a special assessment was ordered for these 
purposes, and the freeholders of the parish were directed to 
meet "in order to choose a place to build the said church 
upon".' The place selected was Chaptico, and the church 
was completed in 1737. It is a capacious brick building, with 
steep roof, arched windows, and recess chancel. The ceiling, 
from front to rear, on both sides, is square to the outer lines 
of the chancel, and is supported by corinthian columns. From 
these square ceilings, an arched middle ceiling rises at a grace- 
ful angle, and, with the chancel ceiling, forms an arched 
ceiling through the entire middle of the building. It still 
stands, is in excellent preser^'ation, and is an uncommonlj' 
handsome specimen of colonial church architecture. 

In 1750, an Act was passed for the erection of "a chapel 
of ease in King and Queen Parish, in which the minister is to 
officiate ever}' third Sunday " . ^ This chapel was a frame 
building; was called AH Saints, and was located on the site 
of the church still bearing that name, but built within the 
present century, and .said to be the third in order erected on 
that site. 

A little below All Saints, on Saint Paul's Creek, stood 
the little Mpi.scopal Church of Saint Clement's Manor, erected 
as early as 1642 — the third Protestant church built by the 
Maryland colonists.^ The land for the site of this church, 
and a glebe, was given by Thomas Gerrard, the lord of Saint 



I Act, 1735, C. 9. 2 Act, 1736, C. 13. 

3 Act, 1750, C. 21. 

4 Who Were the Early Settlers of Maryland, p. 29. 



THE EARLY CHURCHES 213 

Clements Manor. He was a Roman Catholic, but his wife, 
Susannah, a sister of Justinian Snow, was a Protestant/ and 
under her auspices the chapel was built. How long this little 
memorial of English church life in early Maryland stood, is 
not known. In 1696, the Council ordered the vestry of King 
and Queen Parish ' ' to have the bounds settled of the one 
hundred acres of land given to the church by Thomas Ger- 
rard ".^ No mention is made of the chapel at that time, and, 
as another one had been built elsewhere, it may be assumed 
that it had disappeared. 

The latter chapel was at Wicomico (between Plowden's 
Wharf and Bluff Point), the stream on which it stood still 
being known as "Church Run". In 1696, Captain Gerard 
Slye complained to the Council " that the chapel built for the 
parish at Wicomico was on his land",* and asked that it be 
removed. This, however, was not done, and the chapel was 
still standing in the early part of the present century. It was 
erected in 1694. On July 30th, of that year, it was reported 
to the Council "that it was then going forward to be built 
nigh Captain Coades"^ — the Bluff Point estate before men- 
tioned. 

In 1750, the vestry was authorized to sell the glebe land 
given by Thomas Gerrard, and to purchase a glebe nearer the 
centre of the parish.' In 1654, William Marshall gave " three 
heifers ' ' , from which a stock of cattle was to be raised ' ' for 
the maintenance of a minister which is to be in the now 
known neck of Wicomico".'' This, and the donation of land 
by Doctor Gerrard, are worthy of mention as the first church 
endowments in Maryland. That part of the parish in which 



I Day Star, p. 55. 2 Archives (CI. Pro. 1696). 

3 Ibid. 4 CI. Pro. 1694. 

5 Act, 1750, C. 17. '6 Archives (Pro. Ct.) p. 393. 



2 14 COLONIAL MARYLAND 

the several chapels above referred to were located, is now 
within the limits of All Saints' Parish, car\'ed out of King and 
Queen, and erected in 1893. 

Among the fragmentary extracts from the early records 
of the parish, preserved in the " Whittingham Library ", is a 
reference to the purchase in 1770 of " one silver Chalice Cup 
and cover", "a marble font and pedestal, two Baskerville's 
Bibles, two Royal Common Prayer Books, with Psalms, and 
two pulpit cushions ". Whether the handsome communion 
service and marble font now in use at Chaptico church were a 
part of this purchase, has not been definitely ascertained. A 
tradition prevails that they were presented to the parish by 
Queen Anne, and that the service and font purchased in 1770, 
were for All Saint's Chapel. Be this as it may, it is suscepti- 
ble of proof that a separate communion serv'ice and font were 
in use at the chapel from an early date, and the further fact 
that there is no evidence extant of the purchase of any other 
service for the parish, lends color to this much cherished tradi- 
tion.' In 1773 an organ, said to have been a superior 
instrument for that day, was purchased for Chaptico Church. 
The following year the General Assembh' authorized an 
annual lev}'^ of five pounds of tobacco per poll, to be made for 
the support of an organist. '^ This is one of the few instances 
in Maryland in which a church organist was paid by a general 
taxation. In 1813, the British broke into Chaptico Church, 
and in addition to other depredations, completely destroyed 
this old organ. 

1 Ridgeh-, in her excellent work, "The Old Brick Churches of Mary- 
land '", says: the "design of this church, simple but in perfect harmon)', 
is attributed to no less a personage than Sir Christopher Wren, the 
architect of St. Paul's Cathedral, London " As Sir Christopher Wren 
died in 1723, this error must have proceeded from an uncertainty of the 
date at which the Church was erected — 1735. 

2 Act, 1774, C. 7. 



THE EARLY CHURCHES 215 

The first vestry of King and Queen Parish (1692) was 
composed of Nehemiah Blackston, Richard Clouds, John Dent, 
Philip Briscoe, John Coade and John Bartcroft.' At the com- 
mencement of the American Revolution the vestry consisted of 
John Eden, William Thomas, Hanson Briscoe, Zachary Bond, 
John Dent, Thomas Bond and John Briscoe. " 

The first minister in the parish, after its organization as 
such in 1692, was the Rev. Christopher Platts.' In 17 15, the 
Rev. John Donaldson was inducted rector of the pari.sh. In 
his report to the Governor in 1724, he stated that he had been 
in the parish nine years, and that it contained two churches, a 
glebe and two hundred families,* that " the Parish is 36 miles 
long and about 7 miles wide ' ' . Mr. Donaldson remained 
rector of the parish until his death, which occurred in 1747.* 
He was succeeded by the Rev. Richard Brown. In 1761, it 
was proposed that the Rev. Mr. Swift of Port Tobacco and the 
Rev. Mr. Brown of King and Queen, exchange parishes. 
In writing L,ord Baltimore on the subject, Governor Sharpe 
took occassion to say," that the Parishioners of Port Tobacco 
Parish have nothing against Mr. Swift except that he is a very 
poor and heavy preacher, and in that respect they would be no 
better ofF with the Rev. Mr. Brown " . " The exchange was 
not made, and Mr. Brown remained in the parish until 1773, 
when he resigned. His successor was the then Curate, the 
Rev. George Goldie,' who continued to fill the position as 
rector of the parish until the revolution. There is some 
evidence, indeed, tending to show that he remained in the 
parish until the time of his death, 1791, with the exception of 

I Perry's American Colonial Church. 2 Hanson. 

3 Scharf, i, p. 366. 4 Perry's American Colonial Church. 

5 Bacon. 6 Archives, Sharpe's Correspondence, p. 529. 

7 Extract in WhiUingham Library. 



2i6 COLONIAL MARYLAND 

the year 1776, but this has not been definitely ascertained. 
Mr. Goldie was licensed by the Bishop of London in February, 
1766, and had bten Curate to the Rev. Thomas Bacon in All 
Saint's Parish, Frederick County.' 

Formerly there was situated on the the northerly side of 
the church, and near the front, a frame vestry-house, sur- 
mounted by a belfry, and which was used also as a school 
building. At the rear of the church, and immediately beyond 
the chancel is the Key vault, over the entrance to which is a 
stone bearing the family coat-of-arms. 

The record of the proceedings for the laying out of All 
Faith Parish is as follows : " At a Court held at Benedict — 
Leonardtown, the 14th day of February, in the year of our 
Lord God, 1692, and in the fifth year of the reign of our 
.sovereign Lord and Lady, King "U^illiam and Queen Mary, by 
the grace of God, King and Queen of England, Scotland, 
France and Ireland, defenders of the faith, etc., by the justices 
therein, authorized and appointed, together with the most 
principle freeholders thereunto called for the lajdng out of 
Parishes on the east side of the Patuxent River, in Calvert 
County, being in obedience to an Act of Assembly, entitled an 
Act for the service of Almighty God, and for the establish- 
ment of the Protestant Religion in this Province, made at the 
City of St. Mary's, the loth day of May, Anno Dom. 1692, 
present, Mr. Thomas Tasker, Mr. Thomas Holliday, Mr. 
Jolin Bigger, Mr. Francis Hutchins, Mr. James Keech, Mr. 
William Parker, and Mr. Francis Freeman, commissioners 
* * * * It is concluded and agreed on by the justices above 
named and by the principal freeholders at the time and place 
above said, met together : that from the main branch of 

I History, Western Maryland, i, p. 505. 



THE EARL Y CHURCHES 2 1 7 

Swanston Creek to the lower part of Harvey Hundred, be in 
one parish, the church of the said parish being already built, 
standing by the fork of Trent Creek, called by the name of 
All Faith Church. The vestrymen appointed and chosen by 
the principal freeholders, met together at the time and place 
above said, being Capt. J a mes Keech,^ Mr. John Smith, Mr. 
Richard Sotherou, Mr. John Gillam, Mr. Charles Ashcom, Mr. 
Richard Gardner. Very Copia pr Henry Jowles, Clk. of 
Calvert County " . ' 

In 1695, the territory embraced within the limits of All 
Faith Parish, lying between Indian Creek and the lower part 
of Harvey hundred, v.'as annexed to Saint Mary's Count}^^ 
and in 1744, that part of the parish lying north of Indian 
Creek, was united to Trinit}^ Parish in Charles County,^ thus 
leaving the whole of All Faith Parish within the domain of St. 
Mary's County. 

The first westerly boundary of the parish, was the original 
dividing line between Saint Mary's County and Calvert County, 
and this continued for many years, and until the new dividing 
lines between All Faith and King and Queen Parishes, fully 
described in sketch of the latter parish, were established. The 
southerl}'^ boundary of the parish, was in 1745, changed from 
the lower part of Harvey Hundred to Kretton's Bay run, the 
line as thus adopted, extending from Major Barnes' mill to 
Coles Creek on the Patuxent River. 

In 1765, the Justices of Saint Mary's County were directed 
by the Assembly to make a levy of 120,000 fts. of tobacco for 
the use of the vestry of All Faith Parish, who were authorized 
to ' ' build a new church where the old one stands ' ' and also to 
"purchase from Mr. Thomas Reeder an acre of the land 

1 Archives (Pro. CI. 1692) p. 473. 

2 Act, 1695, C. 13. 3 Act, 1744, C. 14. 

N 



21 8 COLONIAL MARYLAND 

whereon John Knott formerly lived, and to contract for build- 
ing thereon a chapel of ease ".^ The old parish church was 
pulled down and a handsome brick edifice, still in excellent 
preservation, was erected on the same site. 

The land upon which All Faith Church stands was donated 
it appears, by Mr. John Price, who gave one acre of ground 
for that purpose, and to enlarge the lot, Mr. James Keech, in 
1734, gave an additional half acre.^ 

The one acre of ground for the ' ' Chapel of Ease ' ' 
provided for in the Act of 1765, was purcha.sed and the Chapel 
erected. It was known as the ' ' Red Church ' ' and stood on 
the west side of the public road leading from Saint Josephs to 
Oakville, about fifty yards from the road, and about two 
hundred yards below the fork made by the conjunction of the 
Patuxent road with it. This little chapel has long since dis- 
appeared, and lives only in the memor)^ of a few, but its site, 
and that of the adjoining graveyard, although sadly neglected, 
and now covered with a wild and luxuriant forest growth, are 
still discernible. 

There had been a Chapel of Ease in the parish from a 
much earlier date. It was located on the east side of the "three 
notched road ' ' , near what is known as ' ' Sandy Bottom ' ' , then 
in the lower part of the parish. When however, the bounds 
of the parish were curtailed in 1745, this little chapel fell with- 
in the limits of Saint Andrew's, and for further particulars of 
it, see the account of that parish. 

In 1724, the Rev. Robert Scott, the then rector, reported 
to the Governor that the parish contained ' ' two churches 
about twenty miles apart", a 'glebe with a small house on 
it "," two setts of communion service, two flaggons, cushions 

1 Act, 1765, C. 5. 

2 Records, All Faith Parish. 



THE EARLY CHURCHES 219 

and valance for the pulpit" besides " 152 protestant and 52 
popish families " . ' 

In May 1734, the Rev. Arthur Holt wrote the Bishop of 
London that " he had been inducted in the parish that year ", 
and that though in ' ' most respects an agreeable position " , it 
was ' ' such a laborious one ' ' , that he was compelled to ask to 
be relieved from the charge. The parish, he stated "is but 
little short of 60 miles in length, and is very mountainous and 
hill^'. One Lord's day I must ride (going and coming) about 
14 miles, and the next about 34 miles. My congregations are 
much larger than my two churches can hold, so that the people 
are obliged to crowd at the outside of the doors and 
windows " . ^ 

Than the last mentioned fact, it may be added, no other 
evidence is necessary to establish the position which Mr. Holt 
occupied in the parish as a pulpit orator, whatever may be the 
consensus of opinion upon his unwillingness to traverse the 
" gentle hills and beautiful valleys " of the lower Patuxent.' 

The clergymen who officiated in All Faith from its organi- 
zation as a pari.sh to the Revolution, were Rev. Thomas Davis, 
1694 ; William Dacres, (clerk of the vestry) 1695 ; Rev. Mr. 
Plats, (six sermons at 500 fts. of tobacco per sermon) 1698 ; 
Rev. Benjamine Nobbs, (minister for lower half of parish 
officiated occasionally at the Parish church) 1698, 1699 and 

I Perry's American Colonial Church. 2 Ibid. 

3 In 1719, the vestry, through, Thomas T. Greenfield purchased in 
London, at a cost of ^25, 15s. "two silver Chalices, two silver Patens, 
two pewter bottle Flagons washed with gold or laquer". In 1725 
Robert Stourton bequeathed to the upper church of the parish a silver 
tankard weighing 35 ounces. In 1S40 the vestry passed an order to have 
" the plate belonging to the church repaired or exchanged'' the result 
of which order was that the old plate was exchanged for a new silver 
Chalice, Flagon and Paten, each piece being marked " All Faith Church 
1840".— Record All Faith Parish. 



220 COLONIAL MARYLAND 

1700 ; Rev. Joseph Holt, (six sermons) 1701 ; Rev. George 
Tubman, (four sermons) 1702 ; Rev. George Trotter, (one 
year) 1703 ; Rev. Mr. White, (six sermons on vSaturdays) 
1707 ; Rev. Henry Jennings, (at the chapel one year) 1708 ; 
Rev. Robert Scott, served from 1708 to time of his death, 
1733, with Rev. Hugh Jones as assistant, at both churches 
from 1730 to 1733 ; Rev. Arthur Holt, (one year) 1734 ; Rev. 
John Urquhart, served from 1734 to time of his death, 1764 ; 
Rev. Mr. Lander, (eleven months, preaching every second 
Sunday only) 1764; Rev. John Stephens, Curate, from 1765 
to 1769 ; Mr. Stephens was inducted Rector by Govern r Eden 
in 1769, and served until 1777, when he resigned.' 

In 1744, an Act of Assembly was passed directing the 
Justices, Sheriff, and Surveyor of Saint Mary's Count)', to lay 
out a new parish in the county, thus increasing the number to 
four. The Commissioners were to meet in Leonardtown on or 
before the 20th of August of that year, and to give twenty 
days notice of such meeting.^ This Act not having been 
executed within the time prescribed, the following year a 
supplementary Act was passed, under which new commis- 
sioners were appointed, and the county laid out into four 
parishes.' The new parish thus formed, was called Saint 
Andrews, and was made up of parts of All Faith and William 
and Mary Parishes, the dividing line between it, All Faith and 
King and Queen, being Bretton's Bay and Run, and a line 
drawn from Major Barnes' mill on said Run to Coles' Creek 
on the Patuxent, and the one separating it from William and 
Mary, being a line drawn from L,egrande's Creek, on the 
Patuxent, to a point on the Potomac, it is said, between 
Hampton and Tower Hill. 

1 Records of All Faith Parish. 

2 Act, 1744, C. 14. 3 Act, 1745, C. 4. 



THE EARLY CHURCHES 221 

While the parish was thus formally laid out at that time, 
the division, it appears, did not actually take place until after 
the death of the then incumbents of the two parishes from 
which it was carved, the Rev. Mr. Urquhart, of All Faith, 
continuing to serve in that part severed from his parish, as did 
also the Rev. Mr. DeButts, of William and Mary. In 1753, 
the General Assembl}" authorized the parishioners "in that 
part of the parish made vacnnt by the death of the Rev. 
L,awrence DeButts, to elect a vestry church-wardens and 
inspectors for such vacant part " . ^ In September of the same 
year this was done, the Rev. Moses Tabbs of William and 
Mary agreeing to officiate temporarily in such vacant part of 
the parish. He was succeeded there in 1757, by the Rev. 
Alexander Williamson, who in turn was followed, in 1761, 
by the Rev. Clement Brooke. The place of worship for that 
part of the parish was the Court House at lyconardtown, while 
that for the Patuxent side was the little chapel at Sandy 
Bottom, or the "Four Mile Run Church" as it was called, 
and which had hitherto been the Chapel of Ease of All Faith 
Parish. 

Upon the death of the Rev. Mr. Urquhart of All Faith, in 
1764, Saint Andrew's Parish was organized for the first time, 
by the election of a vestry, etc., for the entire parish, and the 
Rev. Francis Lauder, by appointment of Governor Sharpe, was 
inducted as its first minister. Steps were then taken, looking 
to the erection of a parish church, and in 1765,^ the General 
Assembly authorized a levy of 200.000 lbs. of tobacco, for 
the purpose. The site selected for the new church was 
' ' Waldrums Old Fields " . ^ Two acres of this land was 



I Act, 1753, C. 19. 2 Act, 1765, C. 4. 

3 A tradition prevails in the parish, that when the question of where 
the Parish Church should be located, was first before the congregation, 
some years before it was built, there was a strong sentiment, headed by 



222 COLONIAL MARYLAND 

purchased of Samuel Bell wood, the then owner, the price paid 
being ^5 currency. The architect was Mr. Richard Boulton ; 
the contractors were Messrs. Samuel Abell, sr. , Samuel Abell, 
jr. and Stourton Edwards ; the contract price being 160,000 lbs. 
of tobacco, and ^100 sterling. The specifications called for a 
"brick building, fifty-five feet long in the clear, exclusive of 
the chancel, and forty feet wide in the clear, with a porch in 
front connecting two pyramids, or low towers, which orna- 
mented each front corner of the church ; the walls to be three 
bricks thick to the water table, and two bricks thick above ; 
the aisles to be laid with flagstone, and the ceiling to be square 
on the sides and arched in the center ' ' . The unique and 
artistic alter-piece, containing the lyord's Prayer and Ten 
Commandments was carved by Mr. John F. Limner. ^ 

The church was completed in 1767. It still stands, is 
well preserved, and is a pleasing specimen of earl)' church 
architecture. After the completion of Saint Andrews Church, 
the little chapel at Sandy Bottom, having survived its useful- 
ness, soon went to ruin. It appears for the last time upon 
the parish records, as having been the place of meeting of the 
vestry on September 6th, 1764, which met and determined 
upon the erection of the present parish church. No traces of 
it are now to be found, even in the recollection of the oldest 
inhabitants, except as imperfectly indicated by its old grave 
yard, which though neglected, and even plundered, it is said, 
of its once substantial brick enclosures, and left a barren and 
forsaken spot, it is still susceptible of identification, and 

the Hon. George Plater, (father of Governor Plater) the most prominent 
man, perhaps, in the parish, in favor of buildinj; it on the site of the little 
Sandy Bottom Chapel. vSo pronounced were Mr. Plater's feelings in favor 
of that location, and so decided his convictions that his views would be 
carried out and his wishes gratified, that he requested to be buried in the 
chapel yard there, which was accordingly done. 
I Parish Records. 



777^ EARL Y CHURCHES 223 

relatively points out the site once occupied by this early 
church — the first Chapel of Ease of All Faith, and the first 
place of Protestant worship in Saint Andrews Parish. 

On April 13th, 1769, the vestry met at Saint Andrews 
Church to dispose of its pews. Thirty were taken, and the 
sum realized for them was ^150, 5 s., the highest bidders 
being Hon. George Plater and Col. Abraham Barnes, who con- 
jointly became the possessors of pew No. i for £,\6 sterling. 

In 1755, 292 acres of land were purchased from Thomas 
Wheatty and Clement Norris, for a glebe for the parish, the 
price paid being 33,035 lbs. of tobacco, and, in 1763, the ves- 
try contracted with Samuel Abell, to erect a dwelling house 
thereon, for the sum of 26,000 lbs. of tobacco. This glebe, it 
is said, was located on the road which leads from Leonardtown 
to Saint Andrews Church, and about three miles from the 
latter. After many years of service it was sold, and another, 
situated about half way between the church and the ' ' Three 
Notched Road " was purchased in its stead. 

In 1757 a silver Chalice and Salver were purchased for 
the parish, which are said to be the same now in use at Saint 
Andrews Church." 

The rectors of Saint Andrews Parish, in addition to those 
already mentioned were Rev. Robert Ranney, from 1765 to 
1767 ; Rev. William West, from 1767 to 1772 ; Rev. Joseph 
Hindman, from 1772 to 1773 ; Rev. George Gowndril, curate, 
from 1773 to 1775 ; Rev. Joseph Messenger, from 1775 to 
1787 ; (all inducted by appointment by the Governor), the 

I While digging a grave in Saint Andrew's Grave yard in January, 
1894, a memorial gold breast pin was found, of unique design with hair 
settings and bearing the following inscription : "Edmund Porteus ob 
March 28th, 1752. Aged 32 ". There was a Robert Porteus, from 
Baltimore City in the Continental .'Vrmy in 1774, but the name in Mary- 
land is a very uncommon one. 



2 24 COLONIAL MARYLAND 

Rev. John Wilson, (first rector elected by the vestry, 1787) 
served 5 years ; Rev. Francis Walker, from 1792 to 18 18, 
when the Rev. John Brady was elected, who was succeeded in 
turn by the Rev. Clement F. Jones, Rev. John Claxton, Rev. 
James A. Buck, Rev. Mr. Scull, and Rev. George R. Warner.' 

One of the most historical of the earl}- parishes is Prince 
George, commonly known as Rock Creek Parish. It was 
erected in 1726, and embraced within its limits all the territory 
lying between the Potomac and Patuxent Rivers, and the 
eastern branch and a line drawn from thence to the Patuxent 
and extended westward to the westerly bounds of the Province ; 
thus including not onh' a part of the District of Columbia, but 
Georgetown and all the Counties of Western Maryland and 
from it all the parishes now within that domain were originally 
carved, or are the result of subdivisions.^ 



1 Records of Saint Andrews Parish. 

The vestry men of the parish, during the same period were Col. 
Abraham Barnes, Robert Hammett, John Hammett, James Tarleton, 
John Newton, Samuel Abell, Matthew Wise, Enoch .'\bell, John Hall, 
Thomas James, Cyrus Vowles, John Black, George Plater, Hugh Hope- 
well, John Hammond, Michael Wellman, Stourtou Edwards, Peter 
Urquhart, Philip Clarke, Charles King, William Martin, John Thomp- 
son, Cuthbert Abell, John Hatton Read, Timothy Bowers, Robert Watts, 
John DeButts, Archibald Campbell, William Somerville, Dr. Henry 
Reeder, William H. Brown, James Hopewell, John Abell, Edward Abell, 
Thomas Dillon, Peter Thompson, Charles Chilton, Joseph Hammett, 
Vincent Thornton, John B. Abell, Francis Abell, John S. Abell James A. 
Crane, John Rousby Plater, Matthew W. Simmonds, Dr. William 
Thomas, Richard Clark, Robert Hammett, George Clark, Joseph Harris, 
John L,eigh, Adam Wise, G. N. Causeen, H. G. S. Key, George Plater, 
Bennett Hammett, John R. Plater, jr., George Dent, George Teal, James 
Forrest, Thomas Barbour, Hatch Turner, George S. Leigh, Chapman 
Billingsley, Thomas Hebb, J. M. Hammett, Dr. Walter H. S. Bri.scoe, 
Luke E. Barbour, William B. Scott, Beniamin G. Harris, Dr. Thomas J. 
Franklin, Enoch Hammett, John R. Thompson, Hezekiah Dent, Joseph 
H. Greeuweil, Edward Plater, Henry Gougli. and James R. Thompson. 

2 A detailed and interesting sketch of this parish may be found in 
Scharfs History of Western Maryland, vol. 2, p. 742. 



THE EARLY CHURCHES 225 

The first Rector of the parish was the Rev. George 
Murdock, who was commissioned by Gov. Charles Calvert, in 
December, 1726, and who officiated for thirty four j^ears, and 
until his death, in 1761.'' He was followed by ivev. Alexander 
Williamson who .served fourteen years, and was succeeded by 
the Rev. Thomas Read, who had previously been Curate of the 
parish, and also Rector of Saint Anne's, Annapolis. He was 
inducted in 1777, and continued to be Rector of the parish 
thirty-four years, when he resigned. During Mr. Read's 
. pastorate of Rock Creek Pari.sh, he kept a j;ecord of the 
marriages performed by him within the parish, and as well also 
a necrology covering the same period. A part of this record 
has been preserved — from 1796 to 1808, inclusive.^ After the 
death of Mr. Read it came into the possesion of his son, the 

I Marriages — Montgomery County, 1796. 

Jan. i2th, John Buxton, To Eleanor Macoy, 

Feb. 2d, Theophilus Roby " Ann Willett 

" 9th, James Stewart, " Grace Clarke 

"" nth, ■ Edw. Medcalf, "^ " Cloe Butt 

" i8th, George Bowman, " Sarah Howse 

" 22d, Richd. Doisey, " Anne Waynian 

'• 28th, Wm. Welsh Cordingly, " Ann Moore 

Mar. 3d, Jno. Campbell, " Polly Cratou 

" 6th, Rich. Thompson, " liliz. Pelly 

" loth, Jeremiah NichoLsou, " Hester Nicholson 

" 22d, Jesse Wilcoxen, " Ruth Wilcoxen 

" 24th, Thomas Moody, " Mary Berry 

" 28th, Henry Jones' Geo. " Charles Jones' Polly, (Negroes) 

>\pr. 2ist, Wm. Wilson, " Anne White 

" 2ist, Thomas Davis, " Catherine Worthington 

May 15th, Mr. Crabb's James and Clary (Negroes) 

" 15th, Mrs Johns' Jerry and Mollie " 

June i6th. Rev. Nicholas Lane, To Esther Selby 

" 17th, Jonaihan Sparrow, " Priscil'a Smith 

July 24th, Wm. Groom, " Maryann Kell)' 

Aug. 2d, Walter C. Williams, " Chri.stiana Heugh 

" 15th, Richd. Downes, " Eliz. Rose 

" 30th, Benj. Nicholls, " Drusilla Culver 



226 



COLONIAL MARYLAND 



late Robert Read, of Cumberland, after whose demise it was 
presented b}' his widow, Sarah Johns Read, through the author 
of this work, to the Maryland Historical Society. This old 



Sept. 


2?d, 


William Lowry, To 


Rebecca Groome 


" 


i8th, 


Henry Lowe, 


Ann Macbee 


" 


27th, 


Caleb Windel, 


IMartha Parker 


Nov. 


17th, 


Thomas Riggs. " 


Mary Riggs 


" 


24th, 


Thomas BuxLon, " 


Fanney Macbeey 


Dec. 


I St, 


Jno. Riddle, 


Susanna Porter 


" 


8tb, 


James Ray, " 


Eliz. Warfield 


" 


iStli, 


Hezekiah Austin, " 


Ehz. Odle 


" 


2 2d, 


Robert Fish, " 


E!iz. Jeans 


•' 


25th, 


John Leach, " 


Rachel Bowmen 


" 


29th, 


Henry Hardey, " 


Frances West 


1797. 








Jan. 


17th, 


Andrew Mudd, To 


Eleanor Green 


" 


17th, 


William O. Lodge, 


Frances Porter 


" 


24th, 


Jno. Roberts, " 


Eliz. Heater 


" 


26th, 


Lloyd Dorsey, " 


Anna Green 


" 


31st, 


Erasmus Riggs, " 


Eleanor Wilcoxen 


Feb. 


5tli, 


Ely Denoon, " 


Henny Sanders 


" 


9th, 


James McCoy, " 


Eliz. Brown 


" 


2 1st, 


Clark Higgins, " 


Margaret Thomas 


" 


26tb, 


James Ridgeway, " 


Rebecca Hurdle 


" 


28th, 


Nicholas Minstalled, '' 


Mary Allison 


" 


28th, 


Reale Warfield, 


Amelia Ridgely 


Apr. 


17th, 


Nicholas Feburiere, " 


Susan Tucker 


" 


1 8th, 


Rrice Warfield, " 


Sarah Collins 


.<' 


20th, 


Jno. R. Allison, " 


Eliz. Higgins 


May 


4th, 


Jno. Fields, 


Mary Madden 


" 


2 1 St, 


Jno. Wight, 


Cary Boyd 


" 


28th, 


Jno. Hurley, " 


Eliz. Benton 


June 


ISt, 


Roht. Ricketts, 


Kezia Ricketts 


July 


20th, 


Zadoc Ricketts, 


Ann Groome 


Aug. 


3d. 


James Higgins, " 


Virlinda Wilcoxen 


" 


5th, 


S3'lvester Sullivan, " 


Rosanna Hawse 


" 


8th, 


Samuel l.yon, " 


Linny Davis, 


Sept. 


14th, 


Richd. Rean, " 


Prudence Kelly 


Oct. 


14th, 


Benj. Reeder, ' 


Anne Hungerford 


" 


26th, 


William Benson, " 


Rachel Hensey 


Nov. 


23d, 


Edw. Archey, " 


Eliz. Allison 


Dec. 


2ISt, 


Nicholas Merriweather, " 


Eliz. Hood 


t< 


26th, 


John Gardner, " 


Cassandra Dowdeu 



THE EALRY CHURCHES 



227 



record is singularly valuable, not only because of the large 
area covered by the parish, embracing, even at that date, 
nearly the whole of Montgomery County, but more especially 



1798. 










Jan. 


4th, 


Juo. Higgins and EHz Fisher 


" 


9th, 


Henry Culver, 


To 


Mary Patterson 


" 


nth, 


Charles Bird. 


" 


Margaret Barton 


" 


i6th, 


Amasa Welliii, 


" 


Linney Trundle 


" 


25th, 


Francis Hutchison and Sarah Ball 


" 


25th, 


Evan Trundle, 


To 


Anna Key 


Feb. 


6th, 


Saml Love, 


" 


Sarah Jones 


" 


13th, 


Richd. Snowden, 


" 


Eliza Warfield 


" 


24th, 


Benj. Davis, 


" 


Eliz. Thrasher 


Apr. 


I St, 


Christopher A Coal, 


" 


Sarah Claton 


" 


9th, 


David Crafford's Edward and Linny (Negroes) 


May 


3d- 


Thos. H. Wilcoxon, 




" Sarah Prather 


" 


22d, 


Ignatius Davis, 




" Margaret Wooten 


Sept. 


, nth, 


Amos Scott, 


To 


Annoe West 


Oct. 


7th, 


Dawson Cash, 


" 


Jemima Beens 


" 


nth, 


Benjamin Summers, 


" 


Virlinder Beckwith 


" 


15th, 


David O'Neal, 


" 


Rebecca Lane 


" 


30th, 


Robt. Willoson, 


" 


Eleanor vShekells 


Nov. 


15th, 


Nathan Wells, 


" 


Sophia Duley 


Dec 


8th, 


Benjamin Crecraft, 


" 


Nelly Prather 


" 


1 8th, 


Jno. M. Cox. 


" 


Eleanor Gray 


" 


20th, 


Geo. Ward, 


" 


.^nn Redman 


«' 


23d, 


Wm. Cox. 


" 


Liley Kelly 


(( 


30th, 


John Camobell, 


" 


Priscilla Oden. 


1799- 










Jan. 


3d, 


Charles Davis, 


To 


Laurady Howse 


" 


3d, 


Roby Penn, 


" 


Lucreta Howse 


• < 


loth, 


Richd. Turner, 


" 


Eliz. Reall 


(< 


loth, 


Daniel Carroll, 


" 


Ann Maccubbin 


" 


19th, 


Jacob Swavaley, 


" 


Eleanor Fulks 


" 


22d, 


John Adams, 


" 


Eleanor Collyer 


" 


22d, 


Thomas Gratton, 


" 


Ruth Ray, 


" 


24th, 


Charles Offutt Jones, 


" 


Rebecca Offutt 


" 


26th, 


Benj. Thompson, " 


" 


Eliz. Haney 


" 


27th, 


Henry Parnnion, 


" 


Eliz. Sanders 






LiCKNSR Granted— 


■Anne Arundel County. 


Feb. 


5th, 


James Groomes, 


To 


Sarah King 


", 


14th, 


Thos- Garrott, 


And 


Elizabeth Fee 


" 


15th, 


John Au.stin, 


" 


Ca.ssandra Odle 


♦' 


26th, 


Barak Ofutt, 


" 


Virlinder Offutt 



228 



COLONIAL MARYLAND 



by reason of the fact that the Montgomery records do not 

begin until 1798, and the necrologj^ of the County being 

'exceedingly meagre and limited. It is also worthy of note that 

this marriage record is somewhat more comprehensive than the 



Mar. 


Utli, 


James B. Cratford, And 


Ann Allison 


" 


19th, 
nth. 


Basil Waters, " 
John Nicholson, " 


Ann P. Magrnder 


Apr. 


Tabitha Oden 


" 


iStli, 


Jesse Leateh, " 


Mary Lettcn 


May 


23d, 


F.dmund Kiggs, To 


Jane Willson 


Aug. 


8tli, 


Solomon Pelly, And 


Massy Holland 


" 


izgtli, 


Jacob R irk man, " 


Susanna Hall 


Nov. 


5tli, 


Jno. Magrnder, 


Mary Linthicum 


" 


24th, 


Jno. Frey, 


Tnrecia Lucas 


Dec. 


5th 


Tlios. Hood, " 


Rachel Waynian 


,. 


loth, 


James ?i!agruder, " 


Eliz. Linthicum 


Nov. 


30th, 


Jonas Par.sley, " 


Eleanor Clayton 


Dec. 


I2th, 


Baruck Prather, " 


Casandra Swearingen 


" 


19th, 


Jno. Perry, " 


Jane Alnutt 


" 


26th. 


Richd. Stewart, 


Eliz Renneton 


1800. 




- .^s 




Jan. 


2d, 


William Ramsey, And 


Margaret Herren 


" 


14th, 


Jno Lanham, " 


Lucy Ray 


" 


1 6th, 


Camden Riley, " 


Anna Ray 


" 


2 1st, 


Nathan Jones, " 


Anna Buxton 


" 


2ISt, 


Edward Porter, " 


Mary Heiter 


'< 


2I.st, 


Nathan Orme, " 


Polly Beall 


" 


23<l 


Solomon Holland, " 


Margaret Gatton 


< 


25th, 


Jno. Redman, " 


Harriot Ward 


" 


30th. 


Benedict Beckwilh, " 


Eliz. White 


Apr. 


i5t'i. 


Edw. Harper, " 


Sarah Ann Bos well 


" 


rSlH, 


Thos. Nicholls. 


PrisciUa Mackey 


May 


22d, 


Michael Merrick, " 


Virlinder Bowman 


" 


2 2d, 


Everrard Gary. " 


Ann Cloud 


June 


26th, 


John H. Riggs, 


Rebecca Howard 


July 


17th, 


Thos. Odle Offutt 


Charily Benton 


Nov. 


iSih, 


Doct. Richd. J. Orme, " 


Ann Crabb 


" 


20th, 


Elias M. Daniel, " 


Margaret Golden 


" 


27th, 


Samuel Inlose, " 


Eliz. vStone 


Dec. 


4th. 


Edw. 0. Williams, 


Eliz. Clagett 


" 


i6th. 


David Porter, " 


Mary Ray 


" 


20th, 


Daniel Reintzel, " 


Ann Robert.son 


" 


23d, 


Arnold Lashley, " 


Eliz. Lee 



THE EARL Y CHURCHES 



229 



Montgomery records even after the latter were started, as it is 
not confined to marriages performed by license issued in that 
county, as are its records. 



" 25th, 


Notley Lanham, 


And Bliz. Hopkins 


" 25th, 


Benj. Kelley, 


" Eliz. Moore 


" 28th, 


William Wallace, 


" Margaret Brookes 


" 30th, 


Wm. .Mullican, 


" Eliz, Dowden 


1801. 






Feb. I. St, 


Nathan Moore, 


And EHz. Hantz 


" loth, 


Leonard H. Johns, 


'• Margaret Williams 


" 17th, 


David Clagett, 


Salley Odle 


" 24th, 


Hatton Fish, 


" Sarah Benton 


. " 27th, 


Leviu Easton, 


" Druzilla Ricketts 


Mar. 3d, 


Leonard Young Davis 


, " Achsah Worthingtou 


" i2th. 


Samuel Magruder, 


" Eliz. Hawkins 


" 31st, 


Geo. Magruder, 


" Anna Turner 


Apr. 5th, 


Jno. Wiest, 


•' Lydia Shuck 


" 14th, 


John Getty, 


" Eleanor Carey 


May 24th, 


Richd Langford, 


" Amelia Soper 


July 9th. 


Lewis Beall, 


" Eliza Wootton 


Oct. 8th, 


William Garrett, 


" Eleanor Higgins 


" 8th, 


Will son Walker, 


" Deborah Prather 


'< 8th, 


Brice Selby, 


" Cathrine Marker 


" 25th, 


Josiali Beau, 


" Eleanor Wilson 


" 27th, 


Ezekiah Linthicum, 


" Mary Hickman 


Nov. 19th, 


Joseph Madden, 


" Susanna vSparrow 


Dec. ist. 


Fredrick Linthicum, 


" Rachel Macklefresh 


" 8th, 


Nathan Dickerson, 


" Margaret Turnbull 


" loth, 


Jesse Owings, 


" Hannah Hood 


" 17th, 


William Orr, 


" Eliz. Macklewain 


" 22d, 


Nathan Trail, 


" Susanna Buxton" 


" 22d, 


George Heater, 


Charlotte Porter 


" 31st, 


Wm. R. Jones, 


" Eliz. L. Richardson 


" 31st, 


Henry Fowler, To 


Lewis Beall's Mulatto Woman Nelly 


1802. 






Jan. 7th, 


Benj. W. Jones, 


And Marji;aret WilLson 


" I2th, 


Lawrenct O. Holt, 


Sarah Oden 


" I2th, 


Thos. Clagett, 


Rachel Offutt 


- " 2ISt, 


Thos Davis, 


" Eliza Bowie 


" 28th, 


James Northcraft, 


" Rachel Fryer 


" 30th, 


James Cooke, 


" Patsey Beeding 


Feb. 9th, 


Barton Harriss, 


" Mary Griffith 


Mar. 2ist, 


Wm. Sparrow, 


" Eliza Campbell 



230 



COL ONI A L MAR YLAND 



As much of the data contained in this old record is now 
otherwise inaccessible, it is of historic interest and value, and 
never having been published, it is here reproduced in full, 
except the necrology as well as the curious record of marriage 
and funeral fees, which were combined with it, are omitted. 



Apr. 


20th, 


Andrew ' JfFutt, A 


nd Eliz. Warfield 


Aug. 


3d, 


Joseph A.stlin, ' 


' Mary Beard 


Sept 


2d, 


Walter Madden, ' 


Eliz. Mudd 


" 


I2th, 


James Groome, ' 


' Eleanor Fish 


" 


2ISt, 


Joseph Cox, ' 


' Susanna Hogan 


Nov. 


9th, 


Dr. Jno. M. Read, 


' Maryann Clark 


" 


25th, 


Saml. Bealniear, ' 


' Priscilla Williams 


Dec. 


7th, 


George Buxton, ' 


' Maryann Trail 


" 


14th, 


Azariah Kindle, ' 


' Amelia Nicholson 


" 


2I.st, 


Wm. M. Elfresh, 


Sarah Linthicum 


" 


30th. 


.\dam Klay, ' 


' Sabina Summers 


1S03. 








Jan. 


iSth, 


Geo. W. Riggs, And Eliza Robertson 


" 


20th. 


James Brown, 


Ann Leek 


Mar. 


loth, 


James Jarvis, ' 


' Eliz. Linch 


" 


31st, 


Archibald Summers, ' 


' Margaret Pain 


Apr. 


loth, 


Charles Porter, 


Polly Fry 


May 


5th, 


Jeremiah Browning, ' 


' Eliz. Summers 


June 


19th, 


Isaac Forsythe, ' 


' Anna Letton 


" 


2Sth, 


William Candler, ' 


Rebecca Ray 


Aug. 


7th, 


Edward Magruder, ' 


Jane Ayton 


•' 


28th, 


Benjamine Lyon, ' 


' Rachel Davis 


Sept. 


nth. 


Richd. Brooke Smith, ' 


* Sarah Letton 


" 


15th, 


Nicholas Haney, ' 


Sarah Golden 


" 


22d, 


Brice Lettou, 


' Hariot Moore 


Oct. 


20th, 


Klias Elville, 


' Elizabeth Burress 


" 


27th, 


Thos. Linsted, 


' Anna Maria Summers 


Nov. 


ISt, 


Zachariah Linthicum, ' 


Anna Clagett 


" 


3cl. 


Warren Mugruder, ' 


Harriot Holmes 


" 


17th, 


Lloyd Hammon, 


' Elizabeth Merriweather 


" 


24th, 


Thos Hilleary, 


Sarah Wheeler 


Dec. 


ISt, 


John Crown, ' 


Eliz. Ball 


" 


29th, 


Ashford Trail, 


' Anne Sanders 


" 


31st, 


Hazil Butt, 


' Sarah Richards 


1804 








Jan. 


5th, 


James Alex. Beall, At 


id Eleanor Culver 


Feb. 


2d, 


Benj. Perry, 


' Eliz, Magruder 



THE EARLY CHURCHES 



231 



The first Roman Catholic church in Maryland was at 
Saint Mary's City, the history of which has been given in the 
chapter entitled, "The First Capital". The next one in 
Saint Mary's County, of which there is a record, was at 






Feb. 


nth, 


Joel Ketchen, And Sarah Hurst 


•' 


I2th, 


Samuel Horner, ' 


' Mary McFarland 


" 


1 6th, 


William Burditt, 


Ruth Fitzgerald 


Mar. 


27th, 


Joshua W. Dorsey, ' 


' Ivucetta Plummer 


Apr. 


8th, 


Peter Dent Moore, ' 


' Louisa Stanger 


May 


6th, 


William O'Neal, 


' Anna Bell 


-June 


9th, 


Wm. Wheatley, ' 


' Mary Cashell 


- " 


17th, 


George Cashell, ' 


' Eliz. B. Edmonstone 


" 


19th, 


James Rawlings, ' 


' Sarah Richardson 


Sept 


6th, 


Saml Golden, ' 


' Dollie Haney 


" 


6th, 


Ninian Clagett, ' 


' Margret Burgess 


" 


8th, 


Hezekiah Saffell, 


' Lydia Davis 


" 


25th, 


Zachariah Muncaster, ' 


' Harriott Magruder 


Nov. 


29th, 


Walter Bailey, 


Sarah Ball 


Dec. 


7th, 


Jesse Wade, * 


' Mary Fleming 


" 


20th, 


Aquila Gatton, ' 


' Mary Owen 


" 


23d, 


Philip Garlon, 


' Sarah Willson, 


1805. 








Jan. 


8th, 


Wm. Langville, Ai 


id Naney Current 


" 


31st, 


Thos. Sparrow, ' 


' Sarah Sparrow 


Feb. 


I2th, 


Reubin Riggs, ' 


' Mary Thomas 


" 


27th, 


Charles Shook, ' 


Priscilla Ball 


Apr. 


i8th, 


William Leemar, ' 


' Sarah Roberson 


" 


23d, 


Archibald Mullican, ' 


' Anna Mathews 


" 


25th, 


Walter Summers, ♦ 


' Sarah Swearingen 


" 


30th, 


Abishai Gray, ' 


' Eleanor Miller 


May 


9th, 


Robert Windsor, ' 


' Eliz. Thompson 


June 


6th, 


Henry Rabbett, ' 


' Anne Wilburn 


Oct. 


15th, 


Azel Waters, ' 


' Cassandra Williams 


Dec. 


29th, 


James Beall, ' 


' Margaret Smith Benson 


1806. 








Jan. 


2d, 


James Deselem, A 


nd Catherine Fulks 


Feb. 


4th, 


Elbert Perry, 


Rebecca Margruder 


" 


nth. 


Daniel Robertson, ' 


' Sarah Greenfield 


" 


13th, 


Jno. Heater, 


' Frances Shook 


Mar. 


4th, 


Denton Porter, ' 


Kitty Heater 


Apr. 


3d. 


Thos. Gettings, ' 


' Christiana Perry 


May 


13th, 


Dr. Peregrine Warfield, ' 


' Harriot Sappiugton 


June 


17th, 


Dr. John Wootton, 


' Betsy Lynn Mng'-uder 



232 



COL ONI. A L . VIA R YL A ND 



Newtown. On the loth day of August, 1661, Mr. William 
Bretton, a prominent citizen of the Province, executed the 
following deed : 

' ' Ad. perpetuam memoriam 

" Forasmuch as divers good and zealous Roman Catholic 
inhabitants of Newton and Saint Clement's Bay, have un- 
animously agreed among themselves to erect and build a church 
or chapel * * * * and the most convenient place for that 
purpose, desired and pitched upon by them all, is a certain 
parcel of land belonging to William Bretton gentleman, Now 
know ye, that I William Bretton, of Little-Bretton, in ye 
conty of vSaint Mary's in ye province of Md. Gentlemen, 



Aug 


28th, 


Lawrence O'Neal, 


" Nany Gal worth 


Sept. 


iSth, 


John Dickerson, 


Eliz. Turnbnll 


Dec. 


4th, 


Thos. S. Davis, 


" Crt 


■ece Swearingen 


" 


25tli, 


Jno. Williams, 


Sarah Neritt 


1807. 










Jan. 


I St, 


Jacob Miller, 


And 


Nauey Ricketts 


" 


'3tli, 


John Wesley Ward, 


To 


Eleanor Greentree 


Feb. 


26th, 


James Case, 


And 


Eliz. Bowman 


Mar. 


5th, 


George Ray, 


" 


Sarah Robertson 


" 


8th, 


Benj. Grymer, 


" 


Sarah Lowery 


" 


26th, 


Thos. W. Howard, 


" 


Elizabeth Crabb 


June 


1 6th, 


Henry Woodward Dorse}', " 


Rachel Cooke 


Oct. 


i3tli, 


Henry Gassnway, 


■' 


Rachel Griffith 


" 


20th, 


Benj. Sedgwick, 


" 


Eleanor White 


Nov. 


1 2th, 


Wm. Elson Wilson, 


" 


Eleanor Swearingen ^ 


Dec. 


I St, 


David Hamtnelton, 


" 


Ann Preston 


1808. 










Jan. 


3^1, 


John Hurley, 


To Mill 


ly Offutt, 


Feb. 


nth, 


John Jenkins, 


" Charlotte Sparrow 


Apr. 


1 8th, 


Daniel Golding, 


And El 


iz. Harris*^' 


June 


5th. 


Hosea Edmonson, 


" Mary Orme 


Oct. 


8th, 


Allen Warfield, 


Mary Dugan 


Dec. 


27th, 


Wm. Fish, 


'' Hellen Joy 


1809. 










Jan. 


1 2th, 


Walter Stewart, ,^ 


And Eleanor Gray 


Feb. 


I2th, 


Joseph Gittings, 


" Tabitha Beaus 



THE EARL Y CHURCHES 233 

with the hearty good-liking- of my dearly beloved wife Tem- 
perance Bretton, * * * * have given, and do hereby freely 
forev^er give, to the behoof of the said Roman Catholic inhabi- 
tants, and their posterity or successors, Roman Catholics, so 
much land as they shall build ye said church or chapel on * * 
with such other land adjoining to ye said church or chapel, 
convenient likewise for a church-yard wherein to bury their 
dead, containing about one acre and a half of ground, situated 
and bang on a dividend of land called Bretton's Outlet, and 
on the east side of ye said dividend, near to ye head of the 
creek called vSaint Williams creek, which falleth into Saint 
Nicholas creek, and near unto the narrowest place of ye free- 
hold of Little- Bretton, commonly called The vStraits".' Upon 
this ground was erected Saint Ignatius Chapel, the first Roman 
Catholic church at Newton, It was apparently a frame build- 
ing, though a few scattered brick ma}- still be seen around its 
site, and which are the only traces of it, that are to-daj' 
visible. But -the old graveyard, surrounding the spot where 
once it stood, has been used as a place of Roman Catholic 
burial for nearly two hundred and forty years. '" It is recorded 
that upon at least two occassions, the little chapel of Saint 
Ignatius was the recipient of legacies, one in 1670 and another 
the following year.^ \ 

The manor of Newtown or Little Bretton, patented tb 
William Bretton in 1640,^ passed out of the family, and was 
purchased bj' the Jesuit missionaries. In their hands the 
house and handsome chapel Saint Francis, .since erected near 
by, have long been a centre of Catholicity. The house, .said 
to have been built by Mr. William Bretton, of English brick, 

1 Ivib, S. 1658 to 1662, p. 1026 ; Day Star, p. 227. 

2 Shea, pp. 78 & 349. 

3 Wills, Wm. Tattershall & Col. Jarboe, Annapolis. 

4 Kilty, p. 73. 



(3 



234 COLONIAL MARYLAND 

is still standing, its original storj^-and-a-half having had 
another added, making it an imposing and stately looking 
mansion.' It occupies a commanding position, over-looking 
Bretton's Bay, Saint Clements Bay and the Potomac River.* 

In 1698, the Sheriff's return of "Saint Mary's Countj^, upon 
the requisition of Governor Nicholson, states, that there were 
then in the county four places of Roman Catholic worship ; 
a brick church at Saint Mary's City, a frame chapel at Saint 
Clement's town, a frame chapel at Mr. Gulick's, and a frame 
chapel near Mr. He3'wood's, beyond the Patuxent road. 
There were at the same time two priests, Rev. Nicholas Gulick, 
and Rev. John Hall, and one la}'' brother in the County."' 

When the first church at Saint Inigoes was built is not 
definitely known. While it became a Jesuit Mission at a very 
early period, owing to its proximity to Saint Mary's City, 
where there was a Roman Catholic church, it is not probable 

1 Shea, p. 78. 

2 William Bretton, the Lord of the manor of "Little Bretton, came to 
Maryland in 1637, with his wife Mary, the daughter of Thomas Tabbs, 
and our child. He was a member of the Assembly in 1648 and 1649 ; was 
clerk of the Assembly in 1650, and was clerk of the Lower House from 
1661 to 1666 inclusive. The last official notice of him appears to have 
been his appointmeut as a Justice of the County Court of Saint Mary's in 
1667. In 165 1, he married 2d Mrs. Temperance Jay. His latter life is 
veiled in obscurity, and, though at one time possessed of a large and 
productive estate, he is supposed to have died in poverty. His children, 
a son and daughter, became objects of charity, being reported in 
"extremity of want", and from this fact, it has been suggested, arose 
the euphonius name which that beautiful neck of land that con.stituted 
the Manor of Little Bretton, to-day bears — " Beggar's Neck ". — See Liber 
T, p. 69; Arch., Ass. Pro. 1648 to 1650, and 1661 to 1666, inclusive ; Ibid> 
CI. Pro., 1667, p. 33 ; Day Star, p. 226 ; Old Brick Churches, p. 59. 

In August, 1670, the Sheriffs of the several counties, were ordered 
by the Governor, to meet at the house of Thomas Cosden. at Newtown. 
to "make up their accounts with Mr. Thomas Notlc}', Receiver Oen- 
eral ", and to "bring a list of taxables within their respective counties". 
— Archives, (CI. Pro. 1670) p. 70. 

3 CI. Pro. H. D. p. 539. 



THE EARLY CHURCHES 235 

that Saint Inigoes had a church for many years after the 
settlement of the Colony. The site of the first chapel there is 
still pointed out. The present Saint Inigoes church, close by, 
is said to be the third in order.' The Manor of Saint Inigoes 
was patented to Mr Thomas Copley, a Jesuit priest, known 
officially as Father Phillip Fisher," the Superior of the Mary- 
land Mission.'' He died in 1653, leaving the Rev. Lawrence 
Starkey his successor.* It contained two thousand acres, and 
is still retained by the Jesuits, almost in its entirety/. It is 
divided into small farms, which are rented for the .support of 
the church. The manor-hou.se, a quaint building, is beauti- 
full}' located at the juncture of vSaint Inigoes Creek and the 
Saint Mary's River. It was built in 1705, under the auspices 
of Father Ashb^ey, of the bricks, it is said, from the old 
Catholic church at Saint Mary's ; and about the .same time a 
small church was erected in the chapel-field, and a grave-yard 
was laid out and attached to it.* This was, in all probability, 
the first church on Saint Inigoes Manor." In 1778 the British 

1 Bryant, History United States, p. 513. 

2 That Thomas Copley and Father Philip Fisher were one and the 
same person there can be no doubt. Both are represented as born at 
Madrid at the close of the i6th century ; each came to Maryland in 1637, 
(.\ugust, 8) with P'alher Knowles ; each was carried off, and each died in 
1652, Neither recognizes the existence of the other. Copley took up 
lauds for all the Jesuit Fathers, but no lands for Fisher, and Fisher as 
Superior alludes in his account of the mission to no Father Copley — Shea, 
p. 47, note ; Foley records, 7, 1146 ; Wood.stock letters, 11. pp. 18, 24. 

The Statutes of Mortmain prohibited the taking of land to pious 
uses, and hence a necessity for this separate identity. The second tract 
take-up in Maryland by Copley for the u.se of the church, was Saint 
Thomas and Cedar Point Neck in Charles County, and which, with Saint 
Inigoes Manor, has gone far toward supporting Roman Catholic worship 
in their respective counties, for more than two centuries and a half. — 
" P'oundation of Maryland ■'. For further ])articulars as to the Statutes 
of Mortmain in Maryland, see chapter on " The Land Tenure of Colonial 
Maryland ". 

3 " The Foundation of Maryland '', p. 200 ; Shea, p. 47. 

4 Shea, p. 75. 5 Archives (CI. Pro.) p. 418. 

6 Fenwick. Brief Account. Settlement of Maryland; Shea, p. 370. 



236 COLONIAL MARYLAND 

sloop of war, General Monks, threw a shot through the walls of 
the house, the Rev. Father Lewis having just left a bed over 
which it passed. In October, 1814, this house and chapel 
were robbed and pillaged b}' the crew of the British sloop 
Saracen, who not only took all that was valuable of the house- 
hold furniture, plate and clothing, but even invaded the sacred 
precincts of the church — desecrated some of its most holy 
vessels, and carried many of them away. Complaint having 
been made to the Commander of the vessel, some of the 
property was returned, but the loss on this, and a former like 
occassion, was estimated at about twelve hundred dollars. ' 

On the Manor was located Fort Saint Inigoes, erected in 
1637. It stood on the Point still known as "Fort Point", 
and about half a mile from the mouth of the Saint Mary's 
River, which it was intended to guard. By the Act of 1650, 
all ships trading within the Saint Mary's River, were required 
to pay a half pound of powder and two pounds of shot, as a 
port duty to Fort Saint Inigoes, and also to ride at anchor for 
two whole tides, both coming and going, within command of 
the said Fort. "^ Many of the early proclamations were dated 
at, and issued from this Fort, and the General Assembly of 
1646 met there.'' It was also, by order of Governor Calvert, 
made the place of general refuge, in times of threatened attack, 
for the women, children and helpless men living between Saint 
Inigoes Creek and Trinity Creek. ■* Captain John Pricfe w*as 
the first Commander of the Fort, and he held the position for 
many years. The earl}' records furnish repeated instances in 
which corn and cattle, by order of the Governor, were 
"pressed " for the use of the garrison at Fort Saint Inigoes, 

1 Schart, 3. p. 127. 

2 Archives (Ass. Pro. ) 1650, p. 293. 

3 Ibid (Ass. Pro.) p. 209. 4 Ibid (ist CI. Pro. ) p. 108. 



THE EARLY CHURCHES 237 

which occured in time of peace, would to-day be regarded as a 
somewhat remarkable exercise of executive power. 

How the Fort was built and mounted the records do not 
show. Some of the cannon from there, however, are still to 
be seen. In 1824, the Rev. Joseph Carberry drew out of the 
river several of them, which, either from the washing of the 
Point, or the force of the current, were two hundred yards 
from the shore. ' One of these early muniments of war and 
fortification, is now on the State House grounds, at Annapolis ; 
two of them are at Georgetown College, and at least one of 
them, it is said, is still on Saint Inigoe's Manor, where it now 
performs the function, painful to relate, of an ordinary boun- 
dary post.'^ 

In speaking of this Fort and its situation, Bryant says : 
' ' at the lower end of the bay of Saint Ignatius (of whose name 
saint Inigoe's was an old, and once common corruption), 
was a bluff much like that at Saint Mary's, though lower and 
less picturesque. From it, looking to the north, across the 
bay, could be seen the point of the first landing, and to the 
south, the view extended to the mouth of the Saint Mary's 
River. It was a commanding site, and on it Governor Calvert 
erected a Fort, which effectually guarded the approach to the 
town above. Near, or in the Fort, stood a mill, and above it 
a few scattered buildings. No ruins of either Fort or houses 
remain, save a few scattered bricks and hewn stone ".^ 

1 Scharf, i . p. 76. 

2 To the Saint luigoes Mission is due the credit of having collected 
and preserved almost the only relics now to be seen, which was associ- 
ated with the early history and first Capital of the Province. Among 
these may be mentioned, the "Council Table", "the old bell", and 
Governor Calvert's " vui I.ass and leather scabbard " as well as some of 
the early muniments of war and forlilication. The most of these, as well 
as the records of the order, are now at Georgetown College. 

3 Bryant, United vStates, p. 312. 



238 COLONIAL MARYLAND 

Of the Roman Catholic churches in Saint Mary's County 
belonging to the Colonial period, around which the greatest 
local interest centres, by reason of the fact that its graveyard, 
from an early date, became the place of interment for many of 
the more prominent Roman Catholic families in the county, 
was perhaps, " old Saint Josephs ". It was erected, it is said, 
about 1740, but the earliest recorded notice of its existence, 
which has been found, is the fact, that Father Joseph Mosley 
was officiating there in 1759.' It was a brick building, 
about 25x45 feet, with steep roof and square windows, and 
though unpretentious in design, it was a substantial and 
church-like edifice. About three hundred yards north of 
where it stood, a large and handsome church has been erected 
in recent years, after which the old building was allowed to 
crumble, though its site can yet be identified. It .stood near 
the centre of the old grave yard, still u.sed as a place of Roman 
Catholic burial. 

When Saint John's, Sacred Pleart and Saint Aloysius 
churches (the latter situated near Leonardtown, and long 
since di.sappeared) were built, has not ascertained. A legacy^ 
however, to " Saint John's Chapel" in 17S6, a tombstone in 
the graveyard of Sacred Heart, to the memory of Mrs. 
Susanah Margan, dated 1795, and one in the graveyard of 
Saint Aloysius, to the memory of Ignatius Benedict Denry, 
dated 1803, pro^•e them all to belong to an earl}- period. 
Owing to the stingent laws passed, the intollerant spirit, and 
the ungenerous polic}- pursued against Roman Catholics in 
Maryland, from 1698, to the Revolution, it is not probable they 
were built within that time, though they appear to have been 
erected soon after the latter date. 



1 Old Catholic Maryland, Tracey, p. 134. 

2 Will of Mary Henrietta Taney, Saint Mary's Counly. 



CHAPTER X. 

Zbc Great Seal of (TDarv^lanb anb Mer jfla^. 

www 

TT has been aptly noted, that Mar>'land is unique in her Great 
Seal and presents a marked contrast to those of the other 
States of the American Union, in that it consists of armorial 
bearings of a strictly heraldic character, the Great Seal of most 
of the States bearing ' ' emblems indicative of agriculture and 
commerce, plenty and prosperity, or kindred subjects, repre- 
sented in a more or less pictorial or allegorical manner " . ^ 

The first Great Seal of Maryland, brought over by Gov- 
ernor Leonard Calvert, in 1643, was in the language of 
Baltimore, "treacherously and violently taken away by 
Richard Ingle or his accomplices, in or about February, Anno 
Domini 1644, ^^^ hath been ever since so disposed of it cannot 
be recovered " . ^ 

No impression of this seal appears to be extant, owing per- 
perhaps, partly to the destruction of the records of the times, and 
partly to the fact that its use was more limited at first than at a 

I A thorough and interesting treatise on the Great seal of Maryland 
was read before the IVIaryland Historical Society by Major Clayton C. 
Hall, and published by the Society in 1886 as " Fund Publication No. 23, 
to which the author is indebted for much of the material of this chapter. 

a Archives (CI. Pro.) 1648, p. 214. 



240 COLONIAL MARYLANr> 

later date, it not having been attached to land grants until 
1644, ' the same year it was lost. In 1648, Baltimore sent to the 
Province through Governor William Stone, a second Great Seal 
which in the minute description accompanying it is represented 
as " cut in silver " like its predecessor, and very similar to it in 
size and design. The escutcheon of this Seal bore the Calvert 
and Crossland arms quartered. The first and forth quarters 
consisted of ' ' six pales ' ' or vertical bars alternately gold and 
black, with a " bend dexter counter charged " — that is a diag- 
onal stripe on which colors are reversed — being the Calvert 
arms ; the second and third quarters consisted of a quartered 
field of red and white charged with a greek, or equal, limbed 
cross, classified as " botonny " — its arms terminating in tre- 
foils — and also counter charged, that is with the colorings 
reversed, red being on the white ground and white on the 
red — the latter quarterings being from the Crossland, Balti- 
more's maternal arms — Alicia Crossland having been the 
mother of the first Baron of Baltimore. These quarterings 
were surmounted by an earl's coronet and full-faced helmet, 
which indicated his rank in America as that of a Count 
Palatine — -his rank in England being that of a Baron only — a 
distinction which no other American colonial charter conferred. 
On the helmet rested the Calvert crest — a ducal crown with 
two half bannerets, one gold and one black. The escutcheon 
was supported on one side by the figure of a farmer, and the 
other by that of a fisherman — .symbolical of his two estates, 
Maryland and Avalon. Below them was a scroll bearing the 
Calvert motto: " Fatti Maschii Parole Femine " — manly 
deeds, womanly words, or more strictly deeds are males, words 
females. Behind the escutcheons and coronets was engraved 

I Bland, Marj'land Report, r. p. 308. 




miMWfif^ 



^ 




O 

z 
< 

> 

CO 

< 

Li. 

o 
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UJ 
CO 

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cc. 



THE CtREAT SEAf. AND FLAG 241 

an ermine lined mantel, and surrounding all, on a border en- 
circling the seal, was the legand : " Scuto Bona Voluntatics 
Tue Coronasti ' ' With favor will thou compass him as with a 
shield.' 

The heraldic terms used in describing the colors in the 
Calvert arms are or'^ and sable, which mean gold and black,^ 
and not orange and black, as it has so frequently been mis- 
interpreted/ 

On the obverse side was a representation of Baltimore on 
horseback, with drawn sword, helmet decorated with feathers 
and in full armour, adorned with his paternal coat of arms, 
below which was engraved a seashore, grass and flowers, and 
around the whole an inscription containing his name and titles : 
Cecilius Absolutus Dominus Terrae Mariae et Avaloniae Baro 
de Baltimore/ 

In the accompanying illustrations of the Great Seal under 
the Proprietary government, it ^should be noted, that on the 
obverse side of the word " Carlos" appears on the marginal 
circle instead of " Cecilius ". Charles Calvert, became, on the 
death of his father, Cecilius, Baron of Baltimore in 1675, 
and through him and his grandson Charles, the fifth Lord 
Baltimore (except from February 20th, to April 5th, 17 15, 
the length of time which Benedict lyConard survived his 
father) the title to the Province was in a Charles, Lord Balti- 
more until 1 75 1, when the last of that name died. It was 
therefore but natural that the Great Seal of the Province 
should have borne the word Carlos during that period. When 

1 Archives, (CI. Pro,) 1648, p]). 214, 215 ; Hall, pp. 17, 23. 

2 Ibid. 3 Clark's Heraldry, p. i6. 

4 Mo.st prominently of all by the State itself, in the handsome paint- 
ing of the Great vSeal which now decorate the vSenate Chamber of the State 
IIou.se at Annapolis. 

5 Archives (CI. Pro. 1648) pp. 214, 215. 



242 



COLONIAL MARYLAND 




the change was made, the records do 
not disclose, but a careful examina- 
tion of the old Seal now in the Land 
Office, at Annapolis, clearly shows 
tliat it was accomplished by simply 
substituting on the original Seal, the 
one name for the other. The small 
illustration shown here, corresponds 
exactl}' with the description which accompanied the Great Seal 
in 1648, except that it is reduced in size, and represents it as it 
appeared when used during the administration of Cecilius 
himself. 

This Great vSeal pa.ssed, with the government, into the 
liands of Cromwell's commissioners in 1652, where they 
remained until 1657, when the government was restored to 
the Proprietary. The conditions of surrender provided also 
for the return of the Great Seal, but the records do not dis- 
tinctly show that this was done. ' Fearing that the Great Seal 
ma)^ have been lost, Baltimore had a third one made while the 
negotiations of surrender were pending, but it was to be used 
only in the event of its predeces.sor not being recovered.^ As 
no description accompanied this Seal, and as no impression 
appears to be extant of the Great Seal between 1648 and 1657, 
it is impo.ssible to definitely determine which of the two was 
sub.sequently used. Bacon however, in his pretace to "The 
Laws of Maryland ", published in 1765, says the one of 1648, 
is the "same which is in u.se at present", and the fact that 
the impressions of the Great Seal used after the Baltimore 
government was re-established, many of which still exist, cor- 
respond literally Vvith the description which accompanied the 
Great Seal of 1648, would .seem not only to justify the con- 



I Archives (CI. Pro. 1657) pp. 333, 340. 2 Ibid, pp. 322, 329. 



THE GREAT SEAL AND FLAG 243 

elusion reached by Bacon, as also, that the one of 1657 was 
never used at all, since it was only to be done in the event that 
the former Seal was not restored. 

While the Province was under the jurisdiction of the 
Crown, the seal known as the '" Broad Seal", adopted in 1692, 
and another in 1706, were used,' and the Baltimore Great Seal 
was limited in use, during that period, to land grants, Balti- 
more's territorial rights not having been disturbed. But upon 
the restoration of the Province in 17 15, the old Great Seal 
again came into use, and continued to be the Great Seal of 
Maryland until after the revolution. 

It has been stated that a new Great Seal was adopted in 
1765,^ but no authority for the statement is given, and none 
has been found. There is no doubt that there were other 
Seals in the Province, intended and used for different and 
various purposes, but not as the Great Seal. A wood cut of 
one, modelled somewhat after the Great Seal, but with the 
motto "Crescite et multiplicamini", was printed on the title- 
page of Bacon's " Laws of Maryland" — 1765 — but Bacon, in 
the preface to the work, says the Great Seal of the Province 
then in use, was the old seal of 1648. 

There were also in u.se in the 
Province, Seals known as Lesser Seals. 
One of these appears on a copy of the 
Laws of Maryland between 1642 and 
1678. Another, called the Lesser Seal 
at Arms, of which a representation is 
here given, was used in connection with 
the Land Office. There is now in tliat 
office, a warrant attested with this seal, to lay out land in 
Somerset County, for George Gale, and which concludes as 




I Hall, p. 25. 2 Scharf, i, p. 198— Note. 



244 



COLONIAL MARYLAND 



follows: "given under his Lordship's Lesser Seal at Arms, 
this 14th day of May, An. Dom. 1740. 

But the most interesting perhaps, certainly the one less 
commonly known, of the smaller Seals, is the one which 
formed a part of the plate used in printing the paper money of 
the Province. It contained the escutcheon of the Great Seal 
as well as all of its other heraldic devices, but bore the motto, 
" Crescite et multiplicamini " — a motto first introduced into 
Maryland, as far as the records disclose, in 1659, it having 
appeared on the coin struck for Maryland at that time. The 
accompanying impression of this little Seal, it may be interest- 
ing to note, is not made from a 
copy of it, as would be necessarily 
the case with printed impressions of 
other Seals of the Province, but, 
through the courtesy of its owner, 
is here reproduced from the original 
itself, just as it was blocked and used for stamping its impres- 
sion on the money of its time. As bearing upon the later 
histor)' of this valuable relic, see note below. ' 

When the .Revolution "* swept away Proprietary rights in 
Maryland, and the state government was established, it was 

I This interesling relic is now iu the possession of .Mr. John R. Mc- 
Cuske, of Atinapohs. It was found, he informed the author, under the 
following curious circumstances : by direction of the State Treasurer, 
about fifteen years ago, he was having a window placed in the end of the 
rear wing of the old Treasury Building, at Annapolis, and after cutting 
through the outer wall, he encountered an inside wall, about three feet 
distant. In the space between these two Vjrick walLs, he found the quaint 
old iron chest, still preserved in that building, and in it, among other 
things, was this seal, which was then presented to him bj' the Treasurer, 
together with other parts of the plate, the most of them have since un- 
fortunately been lost. 

2 THE GRE.\T SE.\L OF THE UNITED vSTATES. 
Shortl)' after the Declaration of Independence, Congress appointed 
a committee to prepare a seal for the infant republic ; and Franklin, 
Adams and Jefferson employed a swiss artist, Uu.Simitiere, to furnish 




THE GREAT SEAL AND FLAG 247 

approaching the shore, and surroundiug all, the motto : " In- 
dustry the means and plenty the result " / 

In 18 1 7, this seal was superseded by one fashioned after 
the Great Seal of the United States, containing only an eagle, 
a semicircle of thirteen stars, and the words, " Great Seal of 
Maryland'"." This seal, in 1854, was ordered to be changed 
for one showing the original arms of the State, and containing 
the motto, " Crescite et Multiplicamini ", and the inscription, 
" 1632. The Great Seal of Marj^land. 1854 ", but in making 
this seal, the eagle was retained in place of the coronet and 
other emblems. ' 

In 1874, it was decided to discard this, and to restore the 
aqcient seal, the arms of which were to conform to the arms of 
lyord Baltimore, as represented in Bacon's Laws of Maryland 
(1765). Investigation, however, proved that Bacon's repre- 
sentation of the Baltimore arms did not correspond with that 
given b}' Lord Baltimore himself in his commission to Gover- 
nor Stone, which accompanied the Great Seal, in 1648. This 
resulted in the adoption, in 1876, of the present Great Seal of 
Maryland,^ which is designed after the original, and bearing 
the same arms, emblems, motto, and inscriptions ; and thus 
Maryland to-day enjoys the distinction of having this historic 
seal, emblematic alike of the " nature of her foundation and 
the lineage of her founder ' ' as the symbol of her honor, and 
as the signet by which her official acts are authenticated and 
accredited. 

In executing the order for the present Great Seal, the 
date of the Maryland charter — 1632 — which did not appear on 
the old seal, was inserted at the base of the marginal circle. 
The pennons, or bannerets, were also changed, being made to 



I Hall, p. 31. 2 CI. Pro. 1813, 1817. 

3 Hall, p. 35. 4 Ibid, p. 37. 



248 COLONIAL MARYLAND 

flow towards the dexter (right), instead of the sinister (left) 
side, as the}' appeared on the old seal. The latter change, 
unauthorized b}- the resolution, and of doubtful propriet}', was 
made, presumably, in order that the seal would conform in 
that respect, to the Baltimore family arms, on which they are 
represented as flowing toward the dexter side, which latter 
may have been the result either of an error of the engraver, or 
Baltimore's fanc}- , as, in heraldr)', they are almost universally 
represented as flj'ing toward the left side, as if being carried 
toward the right. ^ 

The obverse of the old seal was not included in the order 
adopting the present Great Seal. The representations upon 
that side were wholly personal to Baltimore, apart from the fact 
that it possesses no practical value under the existing method 
of using the Great Seal, the old pendant seal of wax, and im- 
pressed on both sides having been superseded by the impres- 
sion of the seal being made on the document itself. 

The Maryland flag, like the Great Seal, is unique, in that 
it is stricth' of heraldic design. It is composed of the armorial 
bearings and colors of the Calvert and Crossland arms, quar- 
tered as displayed on the escutcheon of the Great Seal.' 

It has been stated, and is generally believed, that no 
design was ever formally adopted for the official flag of Mary- 
land, and that it was simplj^ accepted by common consent. 
This would appear to be true as to the State, but not .so 
with respect to the Proprietary government. The Maryland 
flag, like the Great Seal, was evidently designed and adopted 

1 In 1884, while searching for historic relics iu the vault of the old 
Treasury Building, at Annapolis, the old seal, of 1648, was found, as well 
as one of the lesser seals and the Great Seal, adopted in 1694, all of 
which are now preserved in the Land Office, at Annapolis. 

2 For a minute description of these see pages 240, 241. 




THE PRESENT GREAT SF^VL OF MARYLAND, 
ADOPTED IS7(>. 



THE GREA T SEAL AND ELAG 249 

by Cecilius, Lord Baltimore, and sent out b}- him with the 
colony, as it was unfurled and officially used a few days only 
after taking formal possession of the Province, when Gover- 
nor Calvert, to more forciblj' impress the natives, ordered the 
" colors to be brought on shore ", and a military parade.' 

In honor of Sir John Harvey, Governor of Virginia, who 
visited Governor Calvert shortly after his arri^'al, the flag was 
also used. On that occasion, says the Relation, of 1634, "wee 
kept the solemnitie of carrying our colors on shore". The 
next recorded instance in which the Mar54and flag was used, 
was in 1638, when Governor Calvert made his expedition to 
Kent Island for the purpose of reducing the Claiborne force 
to subjection, when he and his followers " marched with Bal- 
timore's banner displayed ". In the famous battle, also, upon 
the Severn, in 1655, between the Baltimore forces and the 
Parliamentarj^ party, the former marched under the Maryland 
flag, the latter setting up the standard of the commonwealth 
of England. ^ 



I British Empire in America, i, p. 184. 2 Bozman, pp. 525, 697. 

ORIGIN AND HISTORY OF THE STARS AND STRIPES 

I" 1775' Congress appointed a committee of three gentlemen — Henj, 
Franklin and Messrs Harrison and Lynch — to consider and devise a 
national flag. The result was the adoption of the " King's Colors" as a 
nnion (or corner square), combined with thirteen stripes, alternate red 
and white, showing "that although the colonies united for defense 
against England's tyranny, they still acknowledged her sovereignty". 

The lirs' public acce])t;nice. recognition, and salute ol this flag oc- 
cured January 2, 1776, at Washington's headquarters, Cambridge, Mass., 
It was named "The Flag of the Union", and sometimes called the 
' ' Cambridge Flag " . 

In the spring of 1777 Congress appointed another committee, "au- 
thorized to design a suitable flag for the nation ". This committee con- 
sisted of General George Washington and Robert Morri.s. They called 
upon Mrs. Elizabeth Ross, who was a dressmaker, milliner, and uphols- 
tress, and who had the reputation of being the finest needle worker in Y 
America, and from the pencil drawing made by General Washington, 
engaged her to make a flag. 



250 COLONIAL MARYLAND 

It is stated that a Maryland flag was borne by the Mary- 
land troops that accompanied Braddock, in 1756, in his expe- 
dition against Fort Duquesne, and also that one was carried 
throughout the entire civil war by the Frederick volunteers, 
which became part of the First Maryland Regiment, Confed- 
erate States of America. ' 

Apart from its historic interest, the Maryland flag, as may 
be seen from the accompanying illustration, possesses marked 
symmetry and beauty. The parallel and diagonal lines of the 
Calvert quarterings being in singular harmony with the crosses 
and transposed colors of those of the Crossland arms. The 
combination, too, of the colors of the former — gold and black 
— while in brilliant contrast with those of the latter quarter- 
ings — silver and red — is both effective and pleasing. 



This flag was the first legally established emblem, and was adopted 
by Congress, June 14, 1777, under the following act : 

'■ Resolved, That the flag of the United States be thirteen stripes, 
alternate red and white ; that the Union be thirteen stars, white iu a blue 
field, representing a new constellation '". 

The first American fiag was first unfurled by Captain John Paul 
Jones, on the Ranger, when it became the standard of the new American 
Republic. 

In May, 1777, Congress made an order on the Treasurer to pay Mrs. 
Ross £\\, I2S, 2d, for flags for the fleet in the Delaware River, and gave 
her a contract to make all government flags. — Historical Publishing Com- 
panj-, Chicago, 1893. 

The first American flag unfurled in Maryland, was the one sent from 
Philadelphia, November, 1776, by Commodore Hopkins to Commodore 
Joshua Harney, for use on the //or«^^. "The next morning at sunrise, 
Karney had the enviable honor of unfurling it to the music of drums and 
fifes, and hoisting it on a stafi", planted with his own hands, at the door 
of his rendezvous. The heart-slirring sounds of the musical instrument, 
then a novel inridiut in Baltimore, and the still more novel sight of the 
rebel colors gracefully waving in the breeze, attracted crowds of all ranks 
and sizes to the gay scene of the rendezvous, and before the setting of 
the same day's sun, the young recruiting officer had enlisted a full crew 
of jolly rebels for the Hornet'. — Memoirs of Coaimodore Barney, p. 30. 

I Hollander, Political Institutions. 



CHAPTER XI. 

Cbrontclce of Saint flDar^^'s Count)?. 

71 S the oldest County organization in the State ; as the 
(g) place of first landing of the Maryland Colon)- ; as 

the seat of Maryland's first provincial capital; as the theatre 
of her infant struggles, and the cradle of her civil and religious 
liberty, the colonial history of Saint Mary's County is invested 
with peculiar interest and special inspiration. 

That the colonists landed there amid enthusiastic admira- 
tion of that section of the country, may well be understood, 
for it presented to them a profile of forest and plain, of hill and 
dale, traversed by bold, deep and picturesque rivers, bays and 
tide water tributaries, with high rugged banks and gently 
sloping shores, combining a variety and richness of .scenery, 
probably the finest in Maryland, and perhaps nowhere 
surpa.ssed. 

It was not, however, the fact alone that Saint Mary's was 
thus "graced by the natural beauties of God's own handi- 
work ' ' , which gave it the distinction of having been selected 
as the .seat of the Maryland .settlement but it was due also to 
its superior commercial position, connected as it is by the noble 
Chesapeake, the broad Potoni«c and the majestic Patuxent 
with .so large an area of inland country, and by the same 
waters with the world which lay beyond the ocean. 

The Chesapeake bay and its tributaries gave to the people 
of tide- water Maryland, it has been well said by an eminent 



252 COLONIAL MARYLAND 

historian,' " a facility of communication with one another and 
with the outside world not possessed by any other colony on 
the continent * * The bay was to the early colonists of Mary- 
land, much more than the railroad is to the present settler in 
the western wilderness ; and from the first they regarded it as 
the most valuable private possession of the Province. They 
traded and travelled on it, foiight and frolicked on it, and its 
inlets and estuaries were so numerous and so accommodating, 
that nearly every planter had navigable salt water within a 
rifle's shot of his front door * * "■''■ * In the colonial times, 
the planter had the still further advantage that the ships 
that brought out his supplies from Bristol and I^ondon, and 
took his tobacco in exchange, anchored, so to speak, within 
sight of his tobacco-houses, and the same barges and lighters 
which carried his tobacco hogsheads to the ship, returned 
freighted with his groceries and osnaburgs, with the things 
which were needed to supph^ his cellar and pantr}', and his 
wife's kitchen and work basket. * * * * It was this free, 
open, safe and pleasant navigation of the Chesapeake and its 
many inlets, which not only gave to the people a freedom and 
facility of intercourse not enjoj'ed by any other agricultural 
comnumity, but shaped their manners and regulated their 
customs to an extent which it is difficult to exaggerate ". 

They furnished too the means of a luxurious and indepen- 
dent living, and one, which to all was " as free as grace ", for 
they were alive with innumerable water- fowl and shell fish. 
"Every point that jutted out was an oyster bar, where the 
most delicious bivalves known to the epicure might be had for 
the taking. Everj^ cove and every mat of seaweed in all the 
channels abounded in crabs, which shedding five months in 
every year, yielded the delicate soft crab, and at any point on 

I Scharf, 2, pp. 2, 3, 4. 



SAINT MARY'S COUNTY 253 

salt water, it was only necessary to dig along shore in order to 
bring forth as many soft shell clams, as one needed. They 
abounded also ' ' in an almost incalculable number and variety 
|jf of water fo^l, from the lordly swan and the heavy goose to the 
wee fat dipper ' ' . While there is ' ' no evidence earlier than 
the begining of the present century that the diamond-back 
terrapin was appreciated, the more famous canvas-back duck 
certainly was known, and its qualities appreciated at a much 
earlier date". They were filled too with the finny denizens 
" and these, as was the case with both the flora and fa^ffla of 
the State generally, embracrd northern and southern species 
at once. The bass and the blue fish did not exclude the pom- 
pano and the bonito ; the shad and the sturgeon on their 
journey to fresh water, met the cat-fish and the perch; and the 
cost of a weir, or the trouble of staking out a net, was repaid 
to planters all the year round in a full supply of the most 
delicate sorts of table fish " . ' 

It was this land of rich topography, delightful streams, 
and hospitable estuaries, that the Maryland colony selected, 
as the place of ' ' peace and hope ' ' , where ' ' conscience might 
find breathing room ' ' , and where the foundations of a com- 
monwealth might be securely laid. 

The name first bestowed upon the territory which Gover- 
nor Calvert purchased of the Yaocomico Indians, (for the 
details of which see chapter on The Landing), and which, for 
several years constituted the whole district settled by the 
Maryland Colonists, was called "Augusta Carolina"^ — a 
name presumably given in honor of King Charles. ^ 

I Ibid. 2 Relatio Itineris. 

3 It was Baltimore's desire to call Maryland Carolina, but was pre- 
vented by the fact, that the territory lying south of Virginia, had in 
1629, been patented to Sir Robert Heath under that name. 



254 COLONIAL MARYLAND 

The district was thirty miles' long, and was embraced 
within the present limits of Saint Mary's County. It did not 
however, long retain that name, though just when, or by what 
authority it was changed, the records do not show. As late 
as September, 1635, it was still called " Augusta Carolina",'"' 
but in January, 1637, the same territory was officially denom- 
inated " Saint Maries County ",* the name it, with additional 
domain, has ever since retained. 

For sixteen years after the colonization of Maryland, there 
were but two civnl divisions in the Province — Kent and Saint 
Marj^'s — the former embracing the entire settlement on the 
Eastern, and the latter, the entire settlement on the Western 
Shore. These limits were not curtailed until April, 1650, 
when Anne Arundel County — " all that part of the Province 
over against the Isle of Kent " — was enacted ^ 

In November of the same year, another County was formed 
out of Saint Mary's, with the following bounds: "begin- 
ning at Susquehannah Point (near the mouth of the Patuxent) 
and extending from thence southward into the middle of the 
woods towards Saint Mary's (City) ; thence westward along 
the middle of the woods, between the Patuxent and Potomac 
Rivers, (near the Three Notched Road), as far up as Mata- 
pania (creek) toward the head of the Patuxent, and from 
thence eastward along the river side to said Susquehannah 
Point". It was called Charles County, and Robert Brooke, 
E.sq., of " De La Brooke ", was made its connnander.* 

In September 1653, however, Robert Brooke, having 
actively associated himself with the Cromwell Party in Mary- 
land, as against the Proprietary, .serving in the capacity of 



I Ibid. 2 Will of Will. Smith. 1635. 

3 Archives (Pro. CI. 1637) 61. 4 McMahon 80; old Kent, Act, 1650. 

5 Archives (Pro. CI. 1650) 260 



C^ 



SAINT MARTS COUNTY 255 

President of its Council of State, and thus, as acting Gover- 
nor of the Province, was deposed by Baltimore as Commander 
of this Count}',' and soon thereafter, the order under which 
the County had been erected, was also annuled. The latter 
Act, was by order of Governor Stone and the Council, dated 
July, 1654, and, while making void the order under which 
Charles County had been formed, provided also that a new 
Count}^ should be erected in its stead, embracing all of the 
former County with additional territory. 

It was called Calvert County, and lay on both sides of the 
Patuxent, that part on the north side of the river being sepa- 
rated from Anne Arundel by a line from ' ' Herring Creek ' ' to 
the " head of the Patuxent ", and the part on the south side 
of the river being separated from Saint Mary's by " Pyne Hill 
River or Creek to the head thereof, and from thence through 
the woods to the head of the Patuxent ' ' , which says the order 
constitute the northerly bound of Saint Mary's County.^ 

" Pyne Hill River or Creek ", which thus partly separated 
Saint Mary's and Calvert, and which continued such dividing 
line for nearly half a century, empties into the Chesapeake Bay 
about three miles below ' ' Cedar Point " , its source or head 
being westerly, and near Jarboesville on the Three Notched 
Road. It is no longer navigable, and though it retained for 
many years its original name, it has long since lost its identity 
as a river, and is now known as ' ' Mill Run ' ' except at its 
mouth, when it bears the name of " Piney Creek ".^ 

The question of the location of this stream has been one 
upon which historians have bestowed no little labor and in- 



I Bozman, pp. 442, 499 2 Archives (Pro. CI. 1654) p. 308. 

3 See Patents for "Smith's Discovery " to Richard Smith, March 9, 
1705 This tract of land borders ou the stream referred to in the text 
f Mill Run), and which is designated iu the patent, as " the main branch 
of Pine Hill River or Creek ". 



256 COLONIAL MARYLAND 

dulged in much speculation, among them the careful and pains- 
taking Bozman, who, owing to the change in its name as well 
as in its character, was unable to locate it, and suggested that 
the " Pyne Hill River" referred to in the order of July, 1654, 
was Piney Creek which empties into the Eastern Branch of the 
Potomac, near Washington City — a physical impossibility, 
apart from the fact that the records clearly indicate that the 
Eastern Branch had not at that early day been explored, and 
hence that its tributaries had not been named. 

In October, 1654, the name of Calvert was changed by 
Cromwell's Commissioners to Patuxent County, which it con- 
tinued to bear until 1658, when Baltimore's government was 
re-established, and its former name restored.' 

In October, 1658, another County was carved out of Saint 
Mary's. It was called Charles (still so known), and was 
embraced within the following indefinite bounds : " the river 
Wicomico to its head ,and from the mouth of that river up the 
Potomac as high as the settlements extends, and thence to-feb* 
the head of Wicomico " . ^ 

This limited vSaint Mary's County to the territory lying 
between the Chesapeake Bay and the Calvert line on the one 
side, and the Potomac and Wicomico Rivers on the other, and 
extending from Point Lookout up the country indefinitely, 
except that which was embraced within the limits of Charles, 
Calvert and Anne Arundel. And thus its boundaries contin- 
ued, until 1695, when the territory lying above Matawoman 
Creek and Swanson Creek was erected into a new County, 
called Prince George : that part of Calvert Ijang on the south 
side of the Patuxent River, as far up as Indian Creek, was 

1 McMahon, p. 86. 

2 Liber, P. C. R. pp. 52, 54, Maryland Historical Societ}^ Scharf, 2, 
p. 271 ; McMahon, 87. 



SA IN T MA R Y' S CO UN T Y 257 

returned to Saint Mary's, and that part of Saint Mary's and 
Calvert lying north westerly of Buds Creek and Indian Creek, 
was given to Charles. ' 

By this Act, the present boundaries of Saint Mary's 
Count}' were thus specifically defined : " Saint Mary's County 
shall begin at point Lookout and extend up the Potomac River 
(and Wicomico) to the lower side of Bud's Creek, and so over 
by a straight line drawn from the head of the main branch of 
the said Bud's Creek to the head of Indian Creek in the Patux- 
ent River, including all that land h'ing between the Patuxent 
and Potomac Rivers, from the lower side of said two creeks 
and branches hy the line aforesaid, and by Point Lookout".'^ 

The first civil divisions of Saint Mary's County were 
denominated hundreds. These were erected from time to 
time, as the increase of population and the development of the 
different section of the Count}' demanded. In 1637, there 
were two hundreds in the County. Saint Mary's, which 
included the town and vicinity of Saint Mary's, and vSaint 
Georges,'^ which embraced the settlement on the opposite side 
of the river — a district of country still bearing the same 
name. Mattapany, the .settlement on the lower Patuxent, 
was not sufficiently numerous at that time for an hundred, 
and yet was recognized as a distinct legal division. ' In 1638, 
however, it became an hundred, and the .same year, Saint 
Michaels hundred, extending from Saint Inigocs Creek to 
Point Lookout, was also erected. In 1639, Saint Clements 
hundred, embracing the neck lying between Saint Clement's 
Bay and the Wicomico River, was formed. Newtown hundred, 
lying between Saint Clement's Bay and Bretton's Bay, was 
referred to, apparently for the first time, in 1646 ; Saint 



I Act, 1695, C. 13. 2 Act, 1695, C. 13 ; McMahou, p. 81. 

3 Archives (Pro. CI. 1637) p, 59. 4 Ibid (Pio. As.s. 1637) p. 2. 



25H COLONTAL MARYLAND 

Inigoes hundred, carved out of Saint Michael's, and lying 
between Saint Inigoe's Creek and Trinity (Smith's) Creek, 
ill 1649 ; Chaptico hundred, embracing the north western 
extremity of the County in 1688 ; Resurrection and Harvey 
hundreds, and the Patuxent settlement, were in Calvert County 
until 1695, when they were annexed to Saint Mary's.' 

In 1777, the County contained the following hundreds : 
Saint Michael's, Saint Inigoe's, Saint Mary's, Poplar Hill, 
Saint George's, New Town, Saint Clements, Chaptico, Harvej', 
Lower Resurrection and Upper Resurrection." These early 
political divisions each had a Conservator of the Peace and 
high Con.stable, and until 1659, every hundred was entitled to 
representation in the General Assembly." In many respects 
they bore close analogy to the sj-stem of civil divisions now 
known as Election Districts, by which they were superseded. 
The latter system had its origin under the Act of 179S/ The 
Commissioners appointed to execute it for Saint Mary's County 
were Messrs. George Plater, Henry Gardiner, Charles Chilton, 
Richard Watts and Benjamine Williams,' who in July, 1799, 
divided the County into three districts, Chaptico, I.eonard- 
Town and Saint Inigoe's.* 

The first levy for Saint Mary's County- was made in 
June, 1648.' It was made by a general meeting of the free- 
men of the County, and is the first instance on record in 
which County charges were levied in Maryland separately and 
distinctly from the general or provincial charges. The record 



1 Archives (Ass. Pro. ist) pp. 28, 259; Ibid (Pro. CI. ist) pp. 89, 
177 ; Ibid, (Pro. CI. 3rd) p. 50 ; Act, 1795, C. 13. 

2 Journal House Representatives, 1777. 3 McMahon, p. 465. 
4 Act, 1798, C. 115. 5 Act, 1799, C. 50. 6 Ibid. 

7 In 1694, the Council ordered colors for horse foot and dragoon in 
the several counties as follovsrs: Saint Mary's, red; Kent, blue; Anne 
Aruudel, white; Calvert, yellow; Charles, bronze; Baltimore, green; 
Talbot, purple; Somerset, jack flag; Dorchester, buff; Cecil, crimson. 



SA INT MA RY'S CO UN TV 259 

of this meeting is as follows : ' ' This da^^ the ffreemen of the 
County of Saint Marie's mett together at the Govrs to advise 
touching the levy of the charges incurred this prt yeare 
and determined by the Govr and Councill on the 9th Octobr 
last to be levyed out of the County. The whole charges 
amounting to 7752 flbs, Tob and Cask. The ffreemen allege 
tht the charges for impresonment of the Indians is unduly laid 
upon the County ; but alleged not anything material for it. 
Whereuppou the Govr found noe reason to alter his former 
order sett downe by the Gov and Councill as above. As con- 
cerning the manner of leve^dng the stl charges, the ffreemen 
unanimousl}' agreed and concluded tht it should be leveyed 
upon all tytheable p-^ons inhabts of St. Marie's County equally 
pr head tht were residing in the County from the lotli day of 
June last, wc^i resultieth in 55I Tob. June 14th, 1648 ".' 

This appears to be the only instance in the history of the 
Province in which a County levy was made by a general meet- 
ing of the freemen. In 1650, delegates were elected from the 
several hundreds of the Count}- for that purpose — a system 
which continued until 1704, when the duty of " laying the 
County levy " devolved upon the Justices of the County 
Court, ^ and subsequently, upon the tribunal known as the 
' ' Levy Court ' ' . 

The average value of land in vSaint Mary's County in 
1785, as established by General Assembly for purposes of 
assessment, was 24 shillings and 9 pence per acre, the fourth 
highest valuation in the State. ^ 

The first County vSeat of vSaint Mary's, was Saint Mary's, 
and in 1695, it was provided that the County Courts and 
records should be held and kept " forever hereafter in the 
State House in the City of Saint Mary's ".■* 

I Archives (Ahs. Pro. 1648) 231. 2 Act, 1704, C 34. 

3 Act, 1785 ,C. 53. 4 Act, 1695, C. 13. 



26o COLONIAL MARYLAND 

In 1708, however, the L,egislatiire ordered a town to be 
laid out at ' ' Sheppards Old Fields ' ' , near the head of Bretton's 
Bay, a Court House to be erected, and the County Court of 
Saint Mary's County thereafter to be held there. * ' 'Sheppard's 
Ola Fields" then belonged to Philip L-ynes. Commissioners 
were appointed and directed to purchase fifty acres of it for 
the u.se of said town, and to lay the same out into one 
hundred lots. It was first called " Seymour Town " — a com- 
pliment, presumably, to the then Governor, John Seymour. 

In 1728, the Ivegislature, after reciting the fact, that the 
la)^ing out of the town, as provided by the former Act, had 
not been completed, appointed new commi.'^sioners to do so. 
They were directed " to purchase, by agreement, or valuation 
of a jury, fifty acres of land adjacent to the place where Saint 
Mary's County Court House now stands, and to cause the 
same to be surveyed and laid out for a town, into eighty lots, 
with convenient streets, lanes, etc.," without prejudice to the 
lots already there, or to the buildings and improvements of the 
heirs at law of Thomas Cooper. They were also directed to 
expose the lots for .sale, giving the owner of the land his 
choice for two lots, and limiting the .sale of the rest to one lot 
to each individual, and restricting, also, for the first four 
months, the sales to inhabitants of Saint Mary's County. The 
purchaser of every lot was to consent to erect thereon, within 
twelve months, a house covering at least four hundred square 
feet, with brick or stone chimneys. The proceeds of the sales 
were to go to " the public use and benefit of the town ' ' ; every 
lot was to be sold subject to a quit rent to Lord Baltimore of 
one penny per annum, and the lots remaining un.sold at the 
end of seven years were to revert to the owner of the land. ^ 
By this Act also, all writs issued by the Court were to be made 

I Act, 1708, C. 3. 2 Act, 1728, C. 16. 



SA/NT MARY'S COUNTY 261 

returnable there, and the name was changed to Leonard- 
Town^ — the name it still retains — in honor of Benedict I eonard 
Calvert, the then Governor of Maryland. 

In 1730, Mr. Thomas Spalding, who is referred to as 
the then owner of the land, was granted permission by Act 
of Assembly, to use the lots not taken up, but not to remove 
any of the boundary posts. It appearing also, that the deed 
for ' ' the part of one acre of land ' ' known as the ' ' Court 
House Lot ", and which had been given to the County by Mr. 
Philip Lynes, had not, through neglect of the clerk, been 
placed upon record," though three of the bound posts are .still 
standing and the place of the other well known ", special pro- 
vision was made b}' this Act for curing the defect and vesting 
" the title to the said lot in the Justices of Saint Mary's 
County to the use of said County forever " . " 

The County Surveyor was by the same Act directed to 
' ' make a fair plat of L,eonard-Town " to be subscribed by the 
Commissioners and recorded among the land records of trie 
County. The records have perished, but the map has been 
preserved, •' of which the annexed illustration is a copy. Tiiis 
is believed to be one of the oldest maps extant of any existing 
town in Maryland the first map of Annapolis having been 
lost, it is said, and the first one of Baltimore City being of 
about the same date (1730) as that of Leonard-Town^- On 
the back of this map, and inscribed by its maker, is the list 
of persons who had purchased lots in the town, presumably 
between 1728, when it was laid out, and 1730, when the map 
was made. 

This indicates, that, while a number of lots had been 
purchased, there was in the town at that time, besides the 



I Ibid. 2 Act, 1730, C. 5. 

3 It is now in the po»se.-.aion of Mr. Francis v'. King. 



262 



COLONIAL MARYLAND 





Court House, and the houses of Col. 
Greenfield and Mr. Brice, but one 
other building — the storehouse of 
Mr. Nicholas Lowe, standing on 
lots Nos. 41 and 42, though it like- 
wise indicates, that all the other 
lots which had been taken up were 
then being built upon, except lot 
No. 39, property of Jno. Stewart. 

The first Court House at Leon- 
ard-Town was built between 1708 
and 1 7 10. It was completed by the 
latter date, and was referred to by 
the General Assembly of that year, 
as the ' ' new Court House built at 
Seymour Town, otherwise Shep- 
pards Old Fields " . ^ 

In 1736, it was pulled 
down and a new brick 
building was erected 
on the same s i t e . ^ 
This building, well re- 
membered by many 
persons still living, 
and said to have been 
a capacious, well pro- 
portioned and stately 
structure, stood until 
March, 1831, when it 
was destroyed by fire, and was re- 
placed by the present Court House. 



I 
I I 

*V fV I % i n^ I «V 



I Act, 1 710, C. 6. 



2 Act, 1636, C. 14- 



SAINT MARY'S COUNTY 263 

The first County Jail in Leonard-Town was built under the 
Act of 1737,^ which authorized the Justices of the county to 
purchase the necessary ground for the same. 

In 1799, the Jail was reported in a "ruinous condition, 
and unfit for use ' ' , and it was ordered to either to be repaired 
or pulled down and rebuilt, the cost not to exceed two thou- 
sand dollars.' The latter course, it appears was adopted. 

An ancient land-mark of the original town, and still well 
remembered, was the quaint little building known as the 
"Old Brick Office", which, before the present Court House 
was built, was, it is said, the Count}' Clerk's Office, and the 
Office of the Register of Wills. In recent years, when the 
main avenue of the town was widened, the " Old Brick Office" 
was left standing in the middle of the street, thus making 
its removal apparently necessary. It was shortly afterward 
pulled down, and the material used, it is said, in the construc- 
tion of the present County Jail. It stood in front of " Moore's 
Hotel " , on a site now partly covered with locust trees and 
still perfectly discernable. 

The Saint Mary's County "Alms House" was erected 
under the Act of 1773. A levy, not exceeding 15 fts. of 
tobacco per poll, for three years, was ordered to be made for 
the purpose, and Messrs. George Plater, Abraham Barnes, 
Zachary Bond, John Reeder, and James Jordan, the incorpor- 
ators, were directed to purchase one hundred acres of laud as 
near Leonard-Town as it could be advantageously obtained, 
have the necessary buildings erected and furnished, and to 
appoint an overseer ; the general management of the institu- 
tion to remain under their supervision. ' Having purchased 
the land (located about three miles below Leonard-Town), the 

1 Act, 1737, C. 6. 2 Act, 1799, C. 51. 

3 Act, 1773, C. 18. 



264 COLONIAL MARYLAND 

trustees advertised to meet on September 22d. 1774, at Francis 
Smith's, in Leonard -Town, to receive bids for putting up the 
building. ' 

The other places associated with the earl)' annals of Saint 
Mary's County, and which were denominated "Towns", 
were : " Harvey Town ", on the Patuxent, at Town Creek ; 
"Saint Joseph's Town", on the Patuxent, at Abbington 
Creek ; "Saint Jerome's Town", on Saint Jerome's Creek; 
"New Town", between Saint Clement's Bay and Bretton's 
Bay ; " Saint Clement's Town ", at the head of Saint Clem- 
ent's Bay, and "Wicomico Town", on the Wicomico River, 
between White Point (Island) and Bluff Point. ^ 

These towns were named and ordered to be erected by 
the Legislature, which also provided for the purchase of one 
hundred acres of land for each of them and the appointment 
of Commis.sioners to lay them out, etc. The situation of each 
of them was eligible, but like most of the "paper towns" of 
Maryland of that day, they never exceeded a small aggrega- 
tion of houses, and have so far perished and passed away, 
that, with a few exceptions, even the site of their location is 
not to-day susceptible of identification. 

' ' Lowentown ' ' was the name of a section of countrj' 
rather than a town, and was that which lay between Trinity 
Creek and Point Lookout, including the village known as 
" Tall Pine ". It is said that Saint Mary's Cit)' was expected 
to develop into a tow^n of ' ' magnificent proportions ' ' , and to 
extend down to the lower part of the county ; hence the name 
— a corruption of lower end of the town.^ 



1 Maryland Gazette, September, 1774. 

2 Acts, 1683, C. 2; 1684, C. 2; 1688, C. 6; 1706, C. 14; Report of 

Sheriff, 1698. 

\ 

3 Allen Papers, 111 Whittingham Library? 



SAINT MARTS COUNTY 265 

Chaptico, or Clioptico as it was first called, enjoys the 
distinction of being the oldest " village ", except Saint Mary's 
City, in the County. Reference to it is found as early as 
1652/ Chaptico had the honor of a visit from Governor 
Calvert in 1663,^ and is otherwise noted in the early annals of 
Marj'land, as the place at which the soldiers were mustered in, 
and the army organized for the ' ' Protestant Revolution ' ' in 
Maryland, and which, in July, 1689,^ resulted in the capture 
of the provincial capital, the overthrow of the Proprietary and 
the establishment of a royal government in the Province.* 

The ' ' Queen Tree ' ' , situated on the Patuxent River, 
near Forrest's wharf was also a Colonial village of very early 
date, and of no inconsiderable importance. It has long since 
disappeared, except in name, but the estate on which it stood 
is still called the " Queen Tree Farm ". As late as 1774, it 
was still a * ' trading post ' ' , and the place where public sales 
of propert}^ in the neighborhood were usually conducted. ^ A 
few miles below, on the Three Notched Road, was the old 

1 Archives (CI. Pro. 1652) p. 293. 

2 Ibid, Ass. Pro. 1663, p. 474. 3 Ibid, CI. Pro. 1689, p. 121. 

4 In 1660, the King of Chaptico was indicted by the Court Leet of 
Saint Clement's Manor for stealing hogs. Deeming it however, incon- 
sistant with his official standing to try the case in a Court Leet, it was 
referred to " ye Honble ye Gov"" '', (Saint Clement's Court Records). In 
1688, complaint was made to Lord Baltimore by the King of Chaptico 
against Francis Knott and others, for " destroying the corn and beans of 
the Indians " and for " bringing strong drink into said Chaptico town ". 
(Archives, CI. Pro. 53. ) The Chapticons was one of the .six tribes of 
Indians that Lord Baltimore proposed to settle on Calverton Manor con- 
taining about 10,000 acres, bnt his plan of colonization appears to have 
proven entirely impracticable, as in 1692, a formal treaty was entered 
into between Governor Copley and "Tom Calvert, King of Chaptico ", 
defining the rights and privileges of the latter over his ancient domain. 
Bozman, 676 ; Archives (Pro. CI. 321.) As to this Manor, see chapters on 
The Land Tenure. 

5 Maryland Gazette. 



Q 



266 COLONIAL MARYLAND 

"wayside inn", known as "Floyd's". It was standing in 
1813,' and the place of its location still bears the name. 

The following are the ports or places of entry in Saint 
Mary's County, established from time to time, b}' Act of 
Assembly, and where all imported goods and wares coming to 
the Count}^ were required to be unloaded, and all tobacco and 
other commodities to be expof/ed had to be taken for inspection 
and payment of expert duty: Saint Mary's City; Saint 
luigoes, on Stephen Milburn's land ; Saint George's, on 
Gilbert Mackey's land ; Leonard-Town, on Abraham Ilarnes' 
land ; New Town, on William Bretton's land ; Bretton's Bay, 
on John Bailey's land ; Wicomico River, on John Llewellin's 
land ; Indian Town, on his Lordships Manor ; Chaptico, on 
Philip Keys land ; Westwood, on Thomas Gerrards land ; 
Piles Fresh, on Joseph Piles land ; (the two latter in Saint 
Mary's County until 1695) Hamburg, on Philip Key's land ; 
Cole's Creek, on the Patuxent, Mr. Cole's land ; Harvey 
Town, on Town Creek, on Hugh Hopewell's land, and Saint 
Joseph's, at Abbington Creek, on the Patuxent.^ 

The old brick ' ' ware houses ' ' , which were erected at 
these ports, and which stood as monuments to the shipping 
trade of the past, for many 5'ears after they ceased to be used 
for the purpose of their construction, have all yielded to the 
ravages of time and have passed away. Several of them, how- 
ever, were still standing within the recollection of persons still 
living, among them, the one at Brambly on the Wicomico, at 
the warehouse farm in Saint Georges and at Town Creek on 
the Patuxent. 

The first public road in Saint Mary's County of which 
there is any record, is the one leading from Saint Mary's City 
to the Patuxent. It was called the " Mattapanj^ Path ", and 



I Griffith's Map of Maryland, 2 Bacon ; Hanson. 



SA IN T MAR F' S CO UNTY 267 

was referred to as early as 1639/ In 1643 ^t was stated by 
Father Philip Fisher, the priest in charge at Saint Mary's, 
in a letter to his Provincial, that " a road by land through the 
forest has just been opened from Maryland to Virginia."'' 
This is interesting as showing the existence of a road however 
impossible to identify it from so scant a reference. In 1674, 
an Act was passed " for amending the ways out of Charles 
County into the City of Saint Mary's", and which, after 
reciting the fact that the crossing at the head of the Wicomico 
River had been rendered dangerous * ' since the building of the 
mill there ' ' , provided that the Counties of Charles and Saint 
Mary's should construct a highway "passable for horse and 
foote over such place of Zachiah swamp within two miles of 
said mill upward as shall seem most convenient " . ' The road 
thus referred to was probably the one which still leads from 
Charles County to Saint Mary's by way Allen's Fresh, Chap- 
tico and Leonard-Town. An earlj^ reference is also made to 
a road leading from Saint Clement's Manor, by way of the 
" Wolf's Trap " and " Ironstone Hill " to Chaptico. It was 
called the ' ' Chaptico Indian Path " . * The road leading from 
Point Lookout to the northern extremity of the county was 
in use as early as 1692, and was then called the " Patux- 
ent main road ".'* In 1704, this, in common with certain other 
roads in the Province, was by order of the General Assembly* 
marked by having notches cut in the trees at stated intervals 
along the road. The number of notches for this road, it being 
the one that led " to the Port of Annapolis ", was three,' and 



1 Patent to Mary Throughton, 1639, Liber, i, p. 67. 

2 Neill's Maryland, p. 49. 3 Archives (Ass. Pro. 1674) p. 408. 

4 Will, Luke Gardiner, 1703, Saint Mary's County. 

5 Archives (CI. Pro. 1692) p. 475. 

6 Act, 1704 C. 21. 7 Ibid. 



268 COLONIAL MARYLAND 

from these primitive guide marks, some of which may still be 
seen — it was called the "Three Notched Road " the name it 
bears to-day. 

The first mail route established in Maryland was in 1695. 
It started at "Newton's Point upon Wicomico River" and 
extended by way of "Allen's Mill ", Benedict, Annapolis and 
Newcastle to Philadelphia. The post rider was John Perry, 
who received ^^50 per annum, and was required to make the 
round trip eight times a year.^ It is stated that the system 
did not pay, and after the death of the first postman, in 1698, 
ceased to be carried on, and was not afterwards revived.^ But 
that it was revived is proven by the fact that in 1773, Charles 
Lansdale had the contract for the mail route between Leonard- 
Town and Annapolis, and advertised to receive orders at the 
various stopping places for purchases on commission. ^ These 
places in Saint Mary's were James Jordan's, Wicomico and 
Chaptico. * 

Prior to 1661, letters were sent in Maryland by private 
hand or special messenger, or were left at the nearest tavern 
or public house to be sent b}^ the first conveyance which the 
landlord found available, but by Act of Assembh', of that 
year,"^ all "letters touching the public affairs" of the Prov- 
ince, were, "without dela}-, to be sent from house to house 
by the direct way, until they be safely delivered as directed ". 
Each householder was required to start it to the next house, 
within half an hour after receiving it, under penalt}' of 100 lbs. 
of tobacco. 

In 1 7 13, this curious system was abolished, and the duty 
devolved upon the Sheriffs of the several counties, who were 

1 Journal U. H. 1695, p. S09 ; Scliarf i, p. 361. 

2 McMahon, p. 266. 3 Maryland Gazette, April 14, 1773. 
4 Ibid. 5 Archives (Ass. Pro. 1661) p. 415. 



SAINT MARTS COUNTY 269 

required to "take care of all public letters and packets, and 
to expeditiously convey them, according to their respective 
directions, to the Sheriff or Under Sheriff of the next adjacent 
county",^ for which the Sheriff of Saint Mary's County re- 
ceived as compensation, 800 lbs. of tobacco.^ 

These Acts of Assembly, however, only applied to letters 
of a public character. For the conveyance of private letters, 
no provision was made until 1695, when the mail route before 
mentioned, was established ; and, in 171 3,'' it was made, for 
the first time, a penal offence in Maryland, to open a letter 
without authority. 

Among the older land-marks in the county, are its " an- 
cient mill seats". Recognized as a public necessity, water 
mills, from an early date, were made in Maryland, the subject 
of special legislation, granting to the owner unusual privileges, 
and, at the same time, imposing wholesome restrictions upon 
them, among others the right to obtain through a Court of 
Chancery, ten acres of land on each side of the stream where 
the mill was to be located, and making it a misdemeanor to 
charge more toll than one-sixth for corn and one-eighth for 
wheat.* 

Of the mills erected in Saint Mary's at an earlj' date, the 
exact location of many of them is still perfectly discernable. 
Among them may be mentioned the mill on " Mill Creek ", at 
Saint Mary's City, and which was there as early as 1634 ; 
Dandy's mill, at Newtown, there before 1657 ; Lord Baltimore's 
mill, on "Gardiner's Creek", at Mattapany, there before 1690 ; 
the mill on " Tomakokin Creek ", on Saint Clement's Manor, 
there before 1701 ; the mill at head of Saint Mary's River, at 
"Great Mills", there before 1728; Major Barnes' mill on 



I Act, 1713, C. 2. 2 Ibid. 

3 Ibid. 4 Act, 1704, C 16. 



270 COLONIAL MARYLAND 

" Bretton's Baj' Run", above the "Plank Bridge ", there 
before 1748 ; Keys mill on " Saint Clement's Bay Run ", there 
before 1764; Bond's mill on " Chaptico Run " there before 
1774; the " over shot water mill ", at " Charlotte Hall ", there 
before 1775; Tubman's mill, at the head of " Trinity (Smith's) 
Creek ", there before 1813.^ Wind mills also, were not un- 
common in early Maryland. Several of these old relics, in 
appearance like watch towers, zealoush' guarding the past, 
were to be seen in Saint Mary's up to a very recent date. The 
last of them standing were at ' ' New Town " , " Saint Clement's 
Manor", and " Corn Field Harbor ", but they, like their com- 
panions, have at last yielded to that ruthless plunderer — 
time. ^ 

1 Relation of Maryland, 1635 ; Archives (Test. Pro. 1657) pp. 535, 
543 ; Archives (Pro. CI. 1690) 182 ; Will, John Coode; Will, Philip Key; 
Will, Zack Bond ; Act, 1748, C. 4 ; Marj'land Gazette, vSeptember 15th ^ 
1774 ; Map' Maryland, 1813, Griffith. 

2 On the road leading from Leonard-Town to Chaptico and about 
fifty yards above the "plank bridge " over the fresh of Bretton's Bay, 
was the old ford, or crossing place. A few rods west ot the ford, and 
about the same distance from the bridge, on the east side of the road, 
stands a small house on a little hill, and which is known as "Gibbet 
Hill". It is said that the last execution there was of a negro man, for 
the murder of a lady and her two daughters. The scence of the tragedy 

was the residence , which stood on the Saint Joseph's branch of the 

same road, a short distance above Shanks' Mill, and about a quarter of 
a mile north of the "Maryland Spring". As the story is recorded, 
during the absence of his master, a negro man, Peter, believing that by 
the death of the family his freedom would be obtained, murdered his 
mistress and her two daughters, and when caught was lying in wait for 
his ma.ster, who was at Shanks' mill, and his two .sons who were at 
.school, near by. After his trial and conviction, Peter was taken to " Gib- 
bet Hill" for execution. Tradition says that he was hung up in an iron 
cage, in front of the public road, and there left to die from starvation. It 
is also said that the screams of this starving criminal were so distressing, 
that many persons refused to travel the road. The good sense of the 
community revolted at the inhumanity of such a method of punishment, 
and Peter, it is said, was the last criminal in Saint Mary's County who 
died on the Gibbet. — Saint Mary's, Beacon, P'ebruary, 24th, 1853. Ihere 



SAINT MARY'S COUNTY 271 

The first will probated in Saint Mary's County, was dated 
September 22nd, 1635. The caption is as follows : " The last 
will and Testament of Mr. William Smith, made at Augusta 
Carolina^ at Saint Mary's City, in Maryland, anno dmi 1635 ". 
The document indicates careful preparation, and strongly 
marks the religous faith of the testator, at that day not an 
uncommon custom. The clause making reference to this is as 
follows : 

"And further I profess that I die a member of the Catholic 
Roman Church, out of wch there is noe salvation". As a 
counterpart to this, the will of Thomas Allen, made soon there- 
after, indicates very different religious convictions. It provides 
that the overseers of his will are not to allow his children ' ' to 
live with a papist " . In making further provision for his 
children, he directed, that, if his estate proved insufficient to 
maintain them, and it should be necessary to put them out to 
work, they "should not be put to the morter", or made 
' ' morter boys ' ' , thus showing the hard labor attending the 
then common proce.ss of converting corn into meal and hominy. 
On the back of his will and of even date, he curiously requests 
that, should he " die suddenly, and the cause be not directly 
known, speedy inquiry be made, and that Nick and Marks, 
Irishmen, at Piny Neck, be questioned as suspicious persons to 
me best known ' ' . This singular feature of his will seems to 



are many traditions in old Saint Mary's connected with the early settle- 
ment of the State, and with times of a later date, which if collected and 
published, would be of great interest. Hardly a neighliorhood but has 
its old story to be recounted Dy sotne old dame of a past generation. The 
old people are passing away, and these old legends with them. It would 
be well, while yet time, for some lover of legendary lore to gather these 
old legends and preserve them from irretrievable loss. An Irving would 
have found in them rich material ; and but for some humble chronicler 
that great "Wizard of the North " could not have giveu to the world his 
immortal master-pieces. — ^J F. Morgan, in "St. Mary's Beacon''. 



272 COLONIAL MARYLAND 

have been the result of well founded apprehension , rather than 
a mere excentricity, since shortly afterward he was "found 
dead upon the sands by Point L,ookout in Saint Nicholas 
Manor, badly shot and mutilated " . ^ 

As reflecting upon the interesting question of Colonial life, 
/^ business parsuits, dress, furniture, etc., the early wills and 
inventories of Saint Mary's — an unbroken record from 1680 to 
to the present time — are among the richest repositories of 
" historic lore " to be found in Maryland, and are of inestima- 
able value. 

In the matter of dress — then a decided badge of rank and 
station in life — they furnished a ready key. The ' ' cloth suit ' ' , 
' ' dimity suit " , " mohair suit " , " leathern suit " , " hair skin 
suit " , " plush coats ' ' , silk and satin ' ' waiscoats ' ' , dimitj' 
and velvet "waiscoats", silk "socks", Irish, Dutch and 
Holland "socks" ; silver, gold, cloth and leather "belts" ; 
silver and gold " knee " and " shoe buckles " ; silver, gold and 
leather * ' hat bands ' ' ; hat ' ' feathers ' ' and ' ' plumes ' ' ; silk 
and worsted ' ' hoods " , " head cloths ' ' and ' ' scharfs ' ' ; 
' * spangled peticoats ' ' ; tufted Holland peticoats ; ' ' taffeta 
suits " ; " surge suits " ; "silk gloves " ; " buckskin gloves ' ' ; 
' ' signet rings ' ' and ' ' finger rings ' ' , are among the articles of 
wearing apparel used by men and women during the first fifty 
years of Colonial life in Saint Mar3-'s. Later reference to 
" watches ", and still later to " wigs ", is to be found. 

In the matter of furniture, table appointments, etc., may 
be mentioned, the "parlor bed"; "trundle bed"; the 
' ' dresser ' ' ; the ' ' chest of drawers ' ' ; the ' ' looking glass ' ' ; 
later the ' ' peir glass ' ' and still later the ' ' chimney glass ' ' ; 
silk and worsted "bed curtains"; beds, pillows and boulsters 
with ' ' conuise tickina: ' ' and filled with ' ' feathers " , " flock ' ' 



I Archives (Pro. Ct. 1637) 403. 



SAINT' MARY'S COUNTY 273 

or "cat tail"; Dutch liuen "sheets" and "napkins"; 
" Holland Blankets " ; " dimity coverlets " ; " quilted cover- 
lets " ; " Turkish rugs " ; " forms " ; ' 'crickets' ' ; " stools ' ' and 
"chairs" (the latter not common); the " harpsicord " and 
" spinnet ", the " joined dining table " ; brass and iron " and- 
irons " ; silver, brass and iron "candlesticks"; "silver 
salvers" ; "iron knives" ; "silver knives"; wooden "dishes" ; 
and ' ' platters ' ' ; the ' ' silver sack cup " ; " sugar tankard ' ' ; 
" tea tankard " ; " pewter plates " ; " pewter dishes "; " pew- 
ter cups and saucers"; "pewter salt sellers"; "pewter 
spoons ■ ' , and pewter household vessels of almost every descrip- 
tion. It is worthy of note, that the reign of pewter in early 
Maryland was practically unbroken for the first forty years, 
when the silver service made its appearance, and still later, 
with the introduction of tea and coffee, came china cups and 
saucers, and soon full sets of porcelain table ware. Occasional 
references are to be found to the "sedan chair" , the "bladen" 
and the ' 'horse chair' ' , but it curiously appears that neither the 
table fork or the plow are mentioned in the testamentory pro- 
ceedings of Saint Mary's Count}' during the first eighty years 
of its history. 

On the 3rd of December 1773, the Maryland Gazette pro- 
posed and published a plan for consolidating into one institu- 
tion the free schools of Southern Maryland, of which each 
County had one. ^ 

I The first general school system in Maryland was inaugurated under 
the Act of 1723, which provided for one school in each County ; each 
school to be governed by a board of seven visitors, who were to purchase 
100 acres of land as near the centre of their respective Counties as practic- 
able, and with due regard to the boardiiig of children, and were to have 
the necessary buildings erected and employ a competant teacher of 
" grammar, good writing and arithmetic " who was to have the use of the 
farm and to receive the sum of ^20 sterling per annum. The visitors ap- 
pointed under the Act of Saint Mary's County, were Rev. Leigh Massey 



274 COLONIAL MARYLAND 

The following year, a similar plan, but embracing onh- 
the Counties of Saint Mary's, Charles and Prince George, was 
urged upon the General Assembly of Maryland and passed^ — 
the origin of Charlotte Hall. The Act provided for the sale 
of the lands and houses of the free schools in the three 
Counties, the proceeds to be added to the ' ' sums of money 
which sundry persons have subscribed to further the com- 
mendable purpose " , as well as the money then in the hands 
of the visitors of the free schools for said counties, and that 
with said several sums of money, " one school be erected at the 
place commonly called the Cool Springs, in Saint Mary's 
County, to be called Charlotte HalV\ The institution was to 
be governed by a president and twenty-one trustees, who were 
created a body politic, with right of succession, of whom 
fifteen were to constitute a quorum, reduced in 1777^ to seven, 
and in 1783 to five."^ 

In 1798, the vSchool fund of Calvert was united to Char- 
lotte Hall. This County thus acquiredthe right to participate 
in its management, and became entitled to a representation of 

and Messrs. James Bowles, Nicholas Lowe, Samuel Wilkinson, Thomas 
Waughop, Thomas Trueman Greenfield and Justinian Jordan. (Act, 
1723, C. 19) As early as 1671, an eflfort was made to establish through 
the Legislature, a " public educational institution " in Maryland, but it 
was not successful. In 1694, however, an act was passed " for the main- 
tainance of free schools " and the following year another was passed "for 
the encouragement of learning", both of which provided a "school 
fund ", to be raised by an export duty on furs, etc. In 1704 and again 
in 1717, this duty was extended to other articles, and in 1719 an Act was 
passed giving to the public "school fund" the estates of persons who 
died in the Province intestate and without known legal representatives. 
In addition, certain fines and forfeitures went to the "school fund". 
From these various sources a fund had been accumulated by 1723, 
sufl&cieutly large to purchase a farm of 100 acres and erect a school in 
each of the twelve Counties in the Province. 

I Act, 1774, C. 14. 2 Act, 1777, C. 3. 

3 Act, 17S3, C. 19. 



SAINT MARY'S COUNTY 275 

seven in its Board of Trustees,' subsequently however, the 
funds which belonged both to Calvert and Prince George were 
withdrawn from Charlotte Hall for the exclusive use of those 
Counties, thus leaving the control of the institution to Charles 
and Saint Mary's. 

One of the first oflficial acts of the Trustees, was an effort 
to get a water mill built there, as will appear from the follow- 
ing advertisement : "To let, to the lowest bidder, at the Cool 
Springs in Charlotte Hall, on Tuesday, the fourth daj' of 
October, 1774. The building of an overshot water mill at said 
place. A full meeting of the Trustees for Charlotte Hall, is 
earnestlj- requested ". Henr}' Tubman, Clerk. ^ The actual 
operation of the school commenced in 1796." 

Few institutions have established a higher record for honor 
and usefulness, than Charlotte Hall ; none has contributed 
more in moulding the character and shaping the destiny of 
the youth of Maryland, and the splendid results which it has 
achieved in its labors of more than a century, may well be a 
source of pride and gratification to the people of the State. ^ 



I Act, 1798, C. 92. 2 Maryland Gazette, September 22, 1774. 

3 School Records. 

4 The first Board of Trustees of Charlotte Hall, was composed of 
Governor Robert Eden, president; Hon. George Plater, Rev. George 
Gowndrill, John Reeder, Thomas Bond, Richard Barnes, Philip Key, and 
Henry Greenfield vSotheron, for Saint Mary's ; Rev. Isaac Campbell, 
Richard Lee, William Smallwood, Francis W;ire, Josias Hawkins, 
George Dent and Dr. James Craig, for Charles ; Hon. Benedict Cal. 
vert, Rev. Henry Addison, Josiah Beali, Robert Tyler, Joseph Sim, 
Thomas Contee, and Dr. Richard Brooke, for Prince George. (Act, 1774, 
C. 14.) The following is a list of the Principals of Charlotte Hall from 
the begining of its operations to the present time.: Rev. Hatch Dent, 
elected 1796; Rev. George Ralph, i79^JJnf;h^Iaguire, 1809; Dennis 
Don Levy, 1810 ; Rev. William Duke, 1^2; Rev. John Ireland, 1813 
Nathaniel K. G. Oliver, 1815 ; John Wade, iSi6 ; Philip Briscoe, 1817 
John Miltimore, 1826 ; Philip Briscoe, 1837 ; Dr. Charles Kraitsir, 1840 
Rev. George Claxtor, 1642; Rtv. Samuel Callahan, 1846; N. F. D. 



276 COLONIAL MARYLAND 

In 1798, the General Assembly made Charlotte Hall the 
subject of a perpetual endowment. The Act provides that the 
Treasurer of Marj-land," shall be forever hereafter, authorized 
and required to pa)^ annuall}', on or before the first day of 
June, to the president and trustees of Charlotte Hall, the sum 
of eight hundred dollars ".' 

It may be interesting to note, that the ' ' Cool Springs " , at 
which this early and successful seat of Academic learning is 
located, are the oldest known medicinal springs in Maryland, 
and became historic in the very early annals of the Province. 

As earl}^ as 1698, Governor Francis Nicholson, "having 
received an account of .some extraordinary cures wrought at ye 
Cool Springs ", in order that their beneficial properties might 
be availed of by all persons, the legislature appointed trustees 
' ' to purchase the laud adjoining to ye Fountains of Healing 
waters, called ye Cool Spring, in Saint Mary's County, for 
houses to be build on for ye entertainment of such poor, 
impotent persons as should resort hither for cure ".^ 



Brown, 1852 ; Herbert Thompson, 1S75 ; William T. Briscoe, chairman, 
1877 ; R. W. Silvester, 18S7 ; George M. Thomas, 1892. The following 
is also a list of the President's of the Board of Trustees within the same 
period: Right Rev. Thomas John Claggett, 1796; Dr. Parnam, 1799; 
Major William Thomas, 1S12 ; John Campbell, 1813 ; Luke W. Barber, 
1826; George Thomas, 1837; Gen. William Matthews, 1852; Gen. 
Walter Mitchell, 1857 ; Col. Chapman Billingsley, 1871 ; Col. John 
Henry Sotheron, 1875, and Col. John F. Dent. 

The "Washington Society", organized February 22nd, 1797, whose 
membership is compo-sed of students elected from Charlotte Hall, enjoys 
the proud distinction, it is said, of being the oldest surviving literary and 
debating society in Maryland. On its list of members may be found the 
names of many of Maryland's most distinguished sons. Motto : " Palniani 
qui tneruit ferat'\ On October 24111, 1871, the "Stonewall Society'' 
was united with it, and since then it has been known as the " Washing- 
ton and Stonewall Society'". The Society library contains about two 
thousand volumes, and among them, are some rare and valuable works. 

1 Act, 1798, C. 107. 2 Act, 1698, C. 16. 



SAINT MARTS COUNTY 277 

An appropriation of ^100 s. was made,' a building was 
erected, bibles and prayer-books were furnished and a la}^- 
reader appointed, who was to read prayers twice a week, for 
which he was to receive twelve pence per da3\ " His Excel- 
lency is also pleased to allow to the said people, every Sunday, 
a mutton, and as much corn as will amount to thirteen shillings 
a week "." It was also " ordered, that, the person who reads 
prayers take an account of what persons come thither, who 
are cured, and of what distempers ".''' 

Governor Nathaniel Blackistone subsequently alluded to 
the subject in an address to the General Assembly, in which, 
after enumerating the manj^ blessings for which the people 
should be thankful, he added, " and for restoring health to us 



1 Scharf, i. p. 364. 

2 Allen's MSS. in Whittingham Library. 

3 The following is the record of the first proceedings of the Commis- 
sioners appointed to execute this Act. 

" November ye 24th 1698 
" At a meeting at ye coole Springs b y Col : Ia txtl.,.Coarts Esq r. Captn: 
Philip: Hoskins: Captn: James: Keech: Captn: John: Beaue: Capt: Jacob: 
Mooreland. and Captn: Ben. Halle, appointed trustees by act of Assem- 
bly for ye purchasing of fifty Acres of Land of Captn: John: Dent: or 
anny other person interrested in ye Sd: Land whereon ye Sd: Springs or 
fountains of healing waters doth lye. for the settleing and building of a 
house uppon ye Sd: Land ; wherein ye sd: fountains should be included 
accordin,'^ to ye sd: act to them directed they ye sd. trustees in pursuance 
with ye sd. act. did at ye sd. meeting treat with ye sd: Captn: John: Dent: 
& ye .sd. Captn: John: Dent: did make appear before them that ye interest 
laj' in him; whereuppon ye sade trustees did buy and purchase of him ye 
sd: Dent fifty Acres of the sade Land wherein ye sd: Springs or fountains 
of healing waters weere included in compliance with the .sd: Act of Assem- 
bly to them ye sd: trustees directed for whicii sd: fifty Acres of Land, they 
ye sd: tru.stees weere to pay him the sd: John: Dent: twenty five pounds 
sterling. And it was likewise ordered by the sd: trustees, that Capt: 
James Keech, was to send for ye vSurveyor of St. marys County to have 
ye sd: fiuy Acres of Land laid out by the last tuesday in march next, and 
to have a conveyance drawne b}' the sd survej' that ye sd Land may be 
made over by ye sd Captn John Dent according as ye lawe prescribes ". — 
Vestry Records of All Faith Parish. 



278 COLONIAL MARYLAND 

and blessing us with several beneficial and healing springs of 
water, called the Cool Springs, which by His blessing, have 
wrought many wonderful and signal cures " . ' 

In this connection it should be noted, that " ye Fountain 
of Healing Water" still flows, and doubtless possesses the 
same virtue and efficacy which gave to them their early 
renown. 

The delegates from Saint Mary's County to the several 
Provincial Conventions of Maryland, which sounded the key- 
note of the American Revolution, signed the famous articles of 
' ' Association of the Freemen of Maryland ' ' and established 
the " Council of Satety " as the Provincial Government of the 
State, were Abraham Barnes, Henry Greenfield Sotheron and 
Jeremiah Jordan, June 1774; John Allan Thomas, Richard 
Barnes, Jeremiah Jordan and John DeButts, December, 1774 ; 
same in July 1775, with John Reedfer, Jr., in place of John 
Allan Thomas ; same in December 1775, with John Allen 
Tliomas, in place of John Reeder, Jr. ; George Plater, Richard 
Barnes, John Reeder, Jr., and Athanasius Ford, May 1776; 
same in June 1776, with Jeremiah Jordan in addition ; same in 
August 1776, with Ignatius Fenwick, in place of Mr. Ford." 

Saint Mary's was quick to respond to the suggestion to 
elect a "Committee of Safety" and "Correspondence" for 
the County, and the following is the record of the meeting for 
that purpose, held December 23rd, 1775 : 

"Saint Makv's Countv. 

" On public notice being given for the gentlemen, freeholders 

and others, of the said County to mtet at the Court House, at 

Leonard-Town, on Friday, the twent5^-third day of December 

last. Met agreeable to said notification a considerable number 



I Scharf, Vol. I, p. 364. 2 Journal of Conventions. 



SAINT MAR r S CO UNTY 279 

of the most respectable inhabitants, when it being proposed 
that, for the more orderly and effectually carrying on the 
present business, it would be necessary to make choice of 
a chairman, as also to appoint a clerk to officiate for the day, 
Mr. Jeremiah Jordan was thereupon unanimously elected to 
the chair, and Timothy Bowes appointed clerk to the said 
meeting, 

" Mr. Jeremiah Jordan in the chair. 

" Mr. Timothy Bowes, clerk. 

' ' Several of the proceedings of the continental congress 
being read, as well as the late resolves of the provincial con- 
vention, which were unanimously approved of. The chair- 
man, addressing himself to those assembled, informed them, 
that the intent and design of the present convention, among 
many other things, was principally to make choice of a general 
committee for the country — a committee of correspondence — 
as also a committee, to meet, if necessary, the provincial 
committee, to be held at Annapolis on Monday, the 24th 
day of April next, in order to carry into execution the 
association agreed on by the continental congress, as well as 
the resolves of the late provincial convention. Upon which 
the following gentlemen were chosen as a general connnittee 
for the county, .to wit : Mr. William Thomas, Mr. Cornelius 
Barber, major Zachariah Bond, Mr. William Hammersly, Mr. 
John lylewellin. Mr. James Eden, Mr. Gerard Bond, Mr. John 
Shanks, Jun., Mr. John Eden, Jun., Mr. Wilfred Neale, Mr. 
William Bond, Mr. Meveril Lock, Mr. Richard Bond, Dr. 
John Ireland, Mr. Cyrus Vowles, Mr. Athanasius Ford Col. 
Abraham Barnes, Dr. Henry Reeder, Mr. John Barnes, Mr. 
Richard Barnes, Mr. Timothy Bowes, Mr. William Williams, 
Mr. John Fenwick, Mr. John Greenwell (of Ignatius) Mr. 



28o COLONIAL MARYLAND 

Vernon Hebb, Mr. William Watts, Mr. George Guj^ther, Mr. 
Ignatius Combs, Mr. John McLean, Mr. John McCall, Mr. 
John Black, Mr. John DeButts, Mr. William Taylor, Mr. 
Maffey Leigh, Mr. George Cook, Mr. James Adderton, Mr. 
Robert Armstrong, Mr. Bennet Biscoe, Mr. Richard Clark, 
Mr. Edward Fenwick, Mr. Thomas Griffin, Mr. William 
Jenkins, Jun., Mr. Nicholas Sewall, Mr. Nicholas L. Sewall, 
Mr. Willian Cavenaugh, Mr. Jenifer Taylor, Mr. Ignatius 
Taylor, Mr. Robert Watts, Mr. Henry Carroll, Mr. Hugh 
Hopewell, Mr. Hugh Hopewell, Jun., Mr. John Abel, j^ounger, 
Mr. Samuel Jenifer, Mr. John Abell, sen., Mr. Edward Abell, 
jun., Mr. Peter Urquhart, Mr. John H. Read, Mr. Thomas 
Forrest, sen., Mr. Ignatius Fenwick, (Coles) Mr. John Smith, 
(Patuxent) Mr. Enoch Fenwich, Mr. John Reeder, Jun., Mr. 
Thomas A. Reeder, Mr. William Killgour, Mr. John H. 
Broome, Mr. William Bruce, Mr. Henry Tulman, Mr. Henr}^ 
G. Sotheron, Mr. Robert Hammit, Mr. Herbert Blackiston, 
Mr. John A. Thomas. Mr. Jeremiah Jordan, Mr. William 
Bayard, Mr. Joseph Williams, Mr. Samuel Abell, sen., Mr. 
Samuel Abell, Jun. 

"A general committee for the county elected, the next 
step taken was making choice of a committee of correspondence 
when the following gentlemen were chosen, with power for 
any three or more of them to act as occasion should require, 
to wit : Col. Abraham Harnes, Mr. Richard Barnes, Timothy 
Bowes, Mr. Athanasius Ford, Dr. Henry Reeder, Mr. John 
DeButts, Mr. Jeremiah Jordan, Mr. John A. Thomas, Mr. 
John Black. 

"This business completed, a committee was choosen to 
meet the provincial committee, to be held at Annapolis, on 
Monday the 24th day of April next, if necessar}^ when the 
following gentlemen were elected for that purpose, to wit : 



SA IN r MA RTS CO UNTY 28 1 

Mr. Jeremiah Jordan, Mr. Richard Barnes, Mr. John Reedet, 
Jun., Mr. John Barnes, Mr. John A. Thomas, Mr. John De- 
Butts, Mr. Henry G. Sothoron, 

' ' Signed per 

" Timothy Bowes, clerk ".^ 

In the "'Council of Safety'' and in the " Continental Con- 
gress''. Saint Mary's was represented by the Hon. George 
Plater, elected to the former in 1776,^ and the latter in 1778.* 

In addittion to its regular quoto of men in service, under 
requisition. Saint Mary's furnished to the revolution a large 
independent company, under command of Captain John Allen 
Thomas.* This Company became identified with the regular 
army, and for it valor and efficiency, was honorably mentioned 
by Major General Wm. Smallwood, in his report of October 
1776, to the Maryland Convention.* 

On the reorganization of the " Maryland I^ine " in 1794, 
in compliance with the Act of Congress, the following officers 
from Saint Mary's County were elected : Brigadier General 
John Hanson Briscoe ; lyieut. Cols. George Plater and Henry 
Neale ; Majors William Thomas, John Armstrong, William 
Somerville and Francis Hamersley.*^ While the first attempted 
infringement of the ' ' non importation agreement " , of the 
Maryland Convention was in the arrival in the Saint Mary's 
River in August, 1774, of the brig, Mary and Tom, from 
London, with tea, consigned to Robert Findlay and others 
(but which, was not unloaded, and was returned)," Saint 
Mary's County was the scene of but one actual engagement 
during the Revolution. In July 1776, Lord Dunmore, with 
ut 3oabooemn in armed galleys, took possession of Saint 

I Maryland Gazette, January 5th, 1775. 2 McMalion, 419. 

3 Scharf, 3, p. 753. 4 Journal of Convention. 

5 Annals of Annapolis. 6 Maryland Gazette, June 12, 1794. 

7 Scharf, 2, p. 159. 



R 



282 COLONIAL MARYLAND 

George's Island. In an engagement with Captain Beall's 
Company of Militia he was wounded and a mid-shipman on 
the " Roebuck " was killed, Dunmore's fleet, amounting to 
about forty sail, was anchored at the mouth of Saint Mary's 
River. On the 26th of July, Captain Nicholson of the 
"Defence", and Major Price, attempted to recapture the 
Island, but were unsuccessful. Price, however, stationed a 
battery on ' ' Cherr}^ Field Point ' ' and drove the sloop of war 
" Fowey " out of the river. Early in August the enemy 
abandoned the Island, leaving several galleys and some mili- 
tary stores behind them.' 

The members of the committee from Saint Mary's County 
appointed by the General Assembly, to draft the famous 
Resolutions declarative of the constitutional rights and privi- 
ledges of the people, and also, the instructions for the govern- 
ment of the members from Maryland of the Stamp Act 
Congress of 1765, and which passed the " Remonstrance to 
Parliament", were the Hon. Edmund Key and the Hon. 
Daniel Wolstenholme ^ 

In 1774, Saint Mary's County raised by private subscrip- 
tion, for the Maryland " Revolutionarv Fund", the sum of 
^600 sterling, the fifth largest contribution made by any county 
in the State.' In 1776, an additional sum of ^224, i s. and 
3 p. in gold was raised, which, while not a gratuity from the 
county, was an advance, to be redeemed onh' in paper money 
of the Continental Congress. 

In this connection it should be noted, that in 1780, when 
the State was without means or credit, and the army without 
supplies and in danger of dissolution, the Hon. Philip Key, a 
patriotic son of Saint Mary's, and then a representative in the 



1 Scharf, 2, pp. 268, 269. 

2 Old Kent, p. 253 ; Scharf, i, p. 538. 3 Scharf, 2, p. 16S. 



SAINT MARTS COUNTY 283 

lyCgislature of Marj^land, furnished to the cause, out of his 
own private means, the sum of ^1500 in money, and 10 hogs- 
heads of tobacco, the third largest subscription made by any 
single individual in the State. ' 

The representatives^ from Saint Mary's, in the first 
General Assembly held after the Declaration of Independence, 



1 Ibid, 2, p. 375. 

2 The earliest local officers of Saint Mary's County were, Thomas 
Cornwaleys, " Commander "; James Baldridge "High Sheriff ", and 
John Lewger, " Conservator of the Peace ". The judicial powers of the 
latter, were analogous to those vested in the " County Court " as subse- 
quently established. The first Justices of the County Court, were \Vm. 
Evans, John Abbington, Thos. Matthews, Thos. Dent, Richard Willan, 
John Lawson, Thos. Turner and Luke Gardiner. The first Clerk was 
Walter Hall, who was in turn; succeeded (during the period preceeding 
the establishment of the Royal Government in Maryland) by Nicholas 
Painter, John Skipwith, John Llewellin and Henry Denton. Vacancies 
on this bench, during the same period, were filled by the appointment 
from time to time, of the following Justices : Robert Slye, John Nuthall, 
Nicholas Young, John Jarboe, Wra. Bretton, John Vanhockman, Randall 
Hanson, Wm. Rosewell, Wm. Barton, Wm. Boarman, Richard Lloyd, 
James Martin, John Warren, Richard Gardiner, Kenelm Cheseldine, 
Joshua Doyne, Wm. Langworth, Robert Mason, Wm. Hatton and Robert 
Carville. 

The office of Judge of the Orphans Court was one of responsibility 
and dignity, and was filled by the leading men in the County. They 
were appointed by the Governor. Those who served in Saint Mary's 
during the half century succeeding the Revolution, were : John Hatton 
Read, from 1778 to 1780 ; Thomas Bond, 1778 to 1783, and 1784 to 1787 ; 
William Kilgour, 1778 to 1783, and 1784 to 1797 ; John DeButts, 1779 to 
1783, and 1784 to 1797 ; Ignatius Taylor, 1782 to 1783 ; Vernon Hebb, 1782 
to 1783 ; Ignatuis Feuwick, 1782 to 1786 ; Hanson Briscoe, 1782 to 1791 ; 
John Shanks, 1782 to 1784 ; John Ireland, 1783 to 1784 ; Zachary Forrest, 
1786 to 1791 ; William Somerville, 1787 to 1803 ; Edmund Plowdeu, 1791 
to 1805 ; Maj. William Thomas, 1797 to 1802 ; Henry Gardiner, 1802 to 
1803 ; Raphael Neale, 1802 to 1806 ; Philip Key, 1803 to 1804, and 1808 to 
1812 ; James Egerton, 1804 to 1810 ; Philip Ford, 1804 to 1805 ; Thomas 
Barber, 1804 to 1815 ; Athanatius Fenwick, 1806 to 1807, and 1820 to 1821; 
Dr. Henry Ashton, 1810 to 181 1 ; Gen. James Thomas, 181 1 to 1813, and 
1819 to 1822 ; Dr. Joseph Stone, 1812 to 1813, and 1819 to 1835 ; Zachary 
Forrest, 1812 to 1813 ; Henry Gardiner, 1812 to 1814 ; Luke W. Barber, 



284 COLONIAL MARYLAND 

and which formalh' established, in 1777, the first vState Gov- 
ernment in Maryland, were the Hons. William Thomas, James 
Jordan, Athanasius Ford, and John Hatton Read.^ The 
Senator was the Hon. George Plater. The election — the first 
in Maryland as a State^was held in Leonardtown, on Novem- 
ber 25th, for Senate electors, and on December i8th, (1776) 
for members of the House of Delegates, the Judges of election 
being Major, Henry Tubman, Abraham Barnes, and Hugh 
Hopewell.^ The representatives from Saint Mary's in the 
convention which framed the first constitution of the State, 
were, Hon. George Plater, Ignatius Fen wick, Richard Barnes 



1813 to 1820 ; Col. John Rousby Plater, 1815 to 1816 ; Henry Neale, 1815 
to 1816 ; John fwcigh, 1815 to 1817 ; James Hopewell, 1816 to 1817 ; Henry 
G. S. Key, 1816 to 1819; William B. Scott, 1817 to 1819 ; George Thomas, 
1822 to 1832 ; John Hanson Briscoe. 1830 to 1831 ; Stephen Gough, 1831 
to 1835 ; Cornelius Combs, 1834 to 1835. 

The Registers of Wills during the same pe-iod were, Jeremiah Jor- 
dan, 1777 to 1804; James Forrest, 1804 to 1826; E.J. Millard, 1826 to 
1834 ; George Combs, 1S34 to 1856. The duties of this office were per- 
formed, prior to the organization of the State Government, by a Deputy 
Commissary General. Those who filled the office from the begiuing of 
the last century to the above date, were : James Keech, 1700 to 1706 ; 
William Aisquith, 1706 to 171S; John Baker, 1718 to 1723; Thomas 
Aisquith, 1723 to 1762 ; Stanton Edwards, 1762 to 1766 ; Samuel Abell, jr. 
1766 to 1770; John Allen Thomas, 1770 to 1777. It is regretted that, 
owing to the destruction of the records, a complete list of the names of 
the " High Sheriffs " of the County, prior to the Revolution, (when the 
office lost much of its importance and the name was changjd ta that of 
Sheriff only) can not here be furnished, but among them, were: James 
Baldridge, 1637, (first High vSherift) ; C. Thorougood, 1641 ; Edward 
Parker, 1642; Philip Land, 1649; Nicholas Guyther, 1659; Daniel 
Clocker, 1660 ; Richard Willan, 1662 ; Wm. Evans, 1663 ; Thos. i;>eut, 
1664; John Lawson, 1665 ; Nicholas Young, 1666 ; John Jarboe, 1667 ; 
Walter Hall, 1668 ; Wm. Boarraan, 1679 ; Joshua Doyne, 168.4 ; John 
Baker, 1686; Garrett VauSweringin, 1687; Robert Carse, 1690; Robert 
Mason, 1692 ; John Coade, 1694 ; Thos. Hatton, 1700 ; Jas. Hay, 1702 ; 
John Coade, 1706 ; Thos. T. Greenfield, 1720 ; John Cartright, 1739 ; Wm. 
Cartright, 1743 ; Gilbert Ireland, 1745 ; Robert Chesley, 1748 ; M. Lock, 

I House Journal, 1777. 2 Ibid. 



SAINT MARTS COUNTY 285 

and Jeremiah Jordeti. ' The representatives in the Convention 
for the ratification of the Constitution of the United States and 
of which George Plater was president, were the Hous. George 
Plater, Richard Barnes, Nicholas I^. Sewall, and Charles 
Chilton.' 

The first local ofiScers for Saint Mary's County, under the 
State Government, were. County I,ieut. Richard Barnes ;'' 
Justices of the County Court, Jeremiah Jordan, John Reeder, 
Jr., Henry Greenfield Sothoron, Richard Barnes, Henry Reeder, 
Vernon Hebb, Ignatius Taylor, Henry Tubman, Bennet Bis- 
coe, John Shanks, John Hanson Briscoe, John Ireland, Ignatius 
Fenwick, Robert Watts, Nickolas L,. Sewall, and Robert 
Armstrong. The Judges of the Orphans Court were, Henry 
Greenfield Sothoron, Richard Barnes, Henry Reeder, Vernon 
Hebb, and John Reeder, Jr. ; Sheriff, Jenifer Taylor ; Clerk, 
Daniel Wolstenholme ; Register of Wills, Jeremiah Jordan ; 
Surveyor, Jesse Lock ; Coroners, James Mills, Thomas Green- 
field, Stephen Tarlton, John Attaway Clark, and Mackelery 
Hammett. * 

At the first constitutional convention for Presidental 
Electors, 1788, Saint Mary's had two candidates, the Hon. 
George Plater on the Federalist, and the Hon. Wm. Thomas, 
Jr., on the Anti-Federalist ticket. The former ticket was 
triumphantly elected throughout the State. 



1754 ; Philip Key, 1755 ; John Eden, 1760; Jeremiah Jordan, 1766 ; 

Watts, 1770 ; Jenifer Taylor, 1772, and Samuel Abell, 1776. 

Among the County clerks during the period embraced between the 
establishment of the Royal Government in Maryland and the Revolution, 
and for the succeeding century, were: John Skipwitn, John Llewellin, 
Henry Denton, Richard Ward Key, Benj. Young, Daniel Wolstenholme, 
Timothy Bowes, James Kilgour, Joseph Harris, Wm. T. Maddox, Jas. T. 
Blackistone, John A. Comalier. 

■ I Journal of Convention. 2 Ibid. 

3 Scharf, 2, p. 453. 4 Scharf, 3, Appendix. 



286 COLONIAL MARYLAND 

The representatives in Congress from Saint Mary's have 
been the Hons. Philip Key in the 2nd ; Raphael Neale in the 
1 6th, 17th, and i8th ; Clement Dorsey in the 19th, 20th, and 
2ist ; J. M. S. Causin in the 28th, and Benjamin G. Harris in 
the 38th, and 39th. 

Saint Mary's has had the honor of two Governors of 
Maryland under State Government, the Hon. George Plater, 
elected in 1792, and the Hon. James Thomas, elected in 1832, 
and reelected the two succeeding terms. * 

I Scharf, 2, p. 549. 



4* 



^ 



CHAPTER XII. 

Cbrontclee of Saint nDar^'9 Counti?. 



^W* ^Wr ^Pr^ 



TN the absence of skilled labor, variety of material and 
effective mechanical tools and wood working machinery, 
the houses in Saint Mary's, in early colonial times, were 
necessarily small and unpretentious. They had outside brick 
chimneys, and many of them brick gables up to the line of the 
roof plates, above which the ends, like the sides, were usually 
of frame, constructed of heavy and roughlj' squared timbers, 
put together with mortise and tenon, and boarded up with 
thick plank, sometimes covered with clapboards or shingles. 
They were generally one and one-half stories high, with steep 
roof, covered with lapped shingles, which, with the weather 
boarding, were put on with wrought iron nails. A little later, 
the gambril roof and the hipped roof, with deeply sunken 
muUion and dormer windows became prominent features, and 
with them came more capacious buildings. A few were con- 
structed with double roof, with porch running the whole length 
of the house, and the porch roof being extended up and 
joined on to the comb of the main roof. The effect of this 
curious design is exceedingly odd and quaint, what ever may 
be said in favor of the protection and comfort which it afforded. 
By the early part of 1700, however, many handsome and 
stately buildings had been erected, some of which s^ill stand 
and are models of ease and liberality, as well as of the higher 



288 COLONIAL MARYLAND 

order of architecture of that day, and which iu their impres- 
sion of graceful design and handsome finish, are scarce!}- sur- 
passed by the more costly country dwellings of modern times. 

The whole of Saint Mary's county lying south of Smith's 
Creek was original!}^ comprised in three large Manors ; Saint 
Michael's, which extended from Point lyookout to a line drawn 
from Oyster Creek to Deep Creek ; Saint Gabriel's, which 
extended from the north side of Saint Michael's Manor to a 
line drawn from Saint Jerome's Creek to Broad Creek ; Trinity 
Manor, which extended from the north side of Saint Gabriel's 
to a line drawn from Trinity (Smith's Creek) to Saint Jerome's 
Creek. 

These Manors were granted to Governor I^eonard Calvert 
in 1639,^ with the right of Court Baron and Court Leet, a 
right which appears to have been exercised at least once, as 
shown by the following record : " At a Court Baron held at 
the Manor at Saint Gabriel, on the 7th of March, 1656, by the 
Steward of the Manor, one Martin Kirke took of the lady of 
the Manor in full court, by delivery of the said Stewart, by the 
rod, according to the custom of said Manor, one message lying 
in the said Manor, by the yearly rent of and etc. , and the said 
Kirke, having done his fealty was thereof admitted tenant " . ^ 

The mansion house of these manors was located at ' ' Piney 
Neck ' ' , near what is now- known as the ' ' Pine ' ' , and is re- 
ferred to as a large frame building with l)rick foundations and 
chimneys.^ The first tenants on these manors, of which there 
is any record, were Thomas Butler on Saint Michaels, Henry 
James and Martin Kirke on Saint Gabriel, and John L,angford 
and Robert Smith on Trinity.* In 1707, these Manors, the 

I Liber, i, pp. 121, 122. 2 Bozman, 581. 

3 Archives (Pro. Ct.) pp. 1S9, 321. 4 Kilty, p. 103. 



SAINT MARTS COUNTY 289 

Piuey Neck estate excepted,' were owned by the children of 
George Parker, by inheritance from their mother, the daughter 
of Gabriel Parrot.^ They are now divided into numerous 
farms among which may be mentioned " Calvert's Rest ", and 
the beautiful estate called ' ' Cornfield Harbor ' ' . 

On the opposite side of Smith's Creek from Trinity Manor 
was Saint Elizabeth's Manor, which contained two thousand 
acres and within the limits of which the "Jutland " estate is 
located. It was granted to Thomas Coruwaleys in 1639, but 
was subsequently owned by the Hon. Wm. liladen.* Adjoin- 
ing this on the northeast, was Saint Inigoe's Manor (for an 
account of which see Saint Inigoe's Church), while bordering 
on it, and Saint Inigoe's Creek, was the estate called " Cross 
Manor ". It contained two thousand acres, and was the home 
of the Hon. Thomas Coruwaleys, one of the wealthiest, as 
well as one of the most distinguished men in earl}^ Maryland, 
to whom it was granted in 1639. There is evidence that tite 

1 This estate was purchased from the Hon. Wm. Calvert, the only 
son of Governor Leonard Calvert, by Charles Egerton, Esq., who in 
1698 devised it to his eldest sou Charles Egerton, who had married Mary, 
the only daughter of James Neale by his first wife, Elizabeth Calvert, the 
only daughter of William, and grand-daughter of Governor Leonard 
Calvert. Their grandson, James Egerton, in 1765; devised it to his only 
son, Charles Calvert Egerton, in the possession of whose descendants 
it remained for many years. 

2 Rent Rolls, Saint Mary's County. 

3 This was the early home in Maryland of the Hon. William Rladen, 
member of the House, Clerk of the Council and the first "public printer" 
of the Province. He was the father of Governor Thomas Bladen, who 
married Barbara, daughter of Sir Thomas Janssen, and also of Ann, the 
wife of Col. Benjamiue Tasker, Commissary General, Couunissioner of 
the Land Office, member of the Council, and, by virtue of his position as 
" first in the Council ", became Governor of the Province upon the death 
of Governor Samuel Ogle. He was the son of Col Thomas Tasker, 
member of the Hou.se and Treasurer of Maryland, and was the father of 
Rebecca Tasker, the wife of Daniel Dulaney, and of Elizabeth Tasker, 

the wife of Christopher Lowndes. 



290 COLONIAL MARYLAND 

the old Cornwaleys' house (long occupied by the family of 
Captain Randolph Jones) was built at a very early date/ 
and it is probably the oldest brick house to-day in Maryland. 
Whilst so materially modified, that an accurate description of 
its original architecture cannot be obtained, the .lines separat- 
ing the old walls from the new, are distinctly marked, and 
show it to have been a substantial and capacious building. 

Mattapany, beautifully located near the mouth of the 
Patuxent, is historic by reason of having been the residence of 
Charles, Lord Baltimore, and the place from which many of 
the Proprietary orders and proclamations were issued, and 
where one session of the General Assembly, and several meet- 
ings of the Council were held.'^ On it was originally located 
the Indian Village of the Mattapients. Shortly after the land- 
ing of the Maryland Colonists, King Pantheon presented this 
plantation to the Jesuits, who established a store-house and 
missionary station there. ^ As a result, however, of the con- 
flict between Baltimore and the Jesuits in 1641, a formal 
release was executed to the former, for Mattapany-, in com- 
mon with all other lands in Maryland held by the society, or 
by other persons for its use.* 

In 1663, a special warrant was issued for Mattapany con- 
taining 1,000 acres, with addition of 200 acres, by the Pro- 
prietary to Hon. Henry Sewall, Secretary of the Province and 
member of the Council from August, 1661, to the time of his 
death, April 1665. On April 20th, 1665, the patent for 
Mattapany and addition, was granted to his widow, ^ Jane 
Sewall, who, in 1666, married Governor Charles Calvert, after- 



1 Archives (Pro. Ct. 1642) p. 182 ; Ibid, 1650, p. 306 ; Scharf i, p. 149. 

2 McMahon, p. 237 ; Scharf, i, p. 316 ; Pro. CI. 1778. 

3 McSherry, p. 47 ; Johusou, p. 56. 

4 Browu, p. 55 ; Johnson, p. 86. 5 See Patent in Land Office. 



SAINT MARY'S COUNTY 291 

wards Lord Baltimore.^ Governor Calvert erected at Matta- 
pany, a large brick mansion, which was for many years his 
private residence. The house, says an earlj^ writer, was built 
* ' for convenience rather than magnificence " . ^ A fort and 
magazine were also erected there, '^ and ' ' Brick Hill Point ' ' on 
the estate, was the place of general rendezvous for the militia, 
by order of the Council/ In 1682, an Act was passed making 
provision for a " sufficient guard to be kept at Mattapany, for 
the defense of the Right Hon. the Lord Proprietary, and with 
him the magazine and military supplies there " . * 

When the Maryland Deputies were driven from Saint 
Mary's City during the Protestant Revolution, they took 
refuge in the garrison at Mattapan}-, and it was there that the 
formal articles of surrender were executed in August, 1689.* 
In 1690, the Proprietary petitioned the Maryland authorities 

1 Lady Baltimore, (widow of Hon. Henry SewalU was the daughter 
of Vincent Lowe and Anne Cavendish of London, and a sister of Col. 
Vincent Lowe, of Maryland. She had by her first marriage, children — 
Nicholas, who married Susannah, daughter of Col. William Burgess ; 
Mary, married Col. William Chandler ; Anne, married, ist, Col. Benja- 
min Rozier, and 2nd, Col. Edward Pye ; Jane, married Hon. Philip Cal- 
vert," and Elizabeth, married, isl, Dr. Jesse Wharton, and, 2nd, Col. 
William Digges, a member of the Maryland Council and son of Governor 
Edward Digges, of Virginia. Colonel Digges was in command at Saint 
Mary's at the time of its evacuation, in 1689. After that, he located on 
" Warburton Manor", in Prince George's County, Maryland, nearly 
opposite Mount Vernon. He left a son, William, a daughter, Jane (who 
married Col. John Fitzgerald, of Virginia), and grandchildren, Charles, 
George, and Thomas. Through the Sewalls and Digges, there are still 
many descendents of Lady Jane Baltimore living in the Counties of 
Southern Maryland. 

It may be interesting to note that old " Fort Warburton " stood on a 
part of Warburton Manor. The land for it was purchased by the United 
States in 1794, for ^3,000. When rebuilt, after it was blown up in 1814, 
it was called " Fort Washington ". 

2 Old Mixon. 3 Scharf, i, p. 316. 

4 Archives (CI. Pro. 1676) p. 31. 

5 Ibid, Ass. Pro. 1682, p. 338. 6 McMahon, p. 237. 



292 COLONIAL MARYLAND 

to deliver to him the Mattapan}' house, plantation and stock, 
and to render an account of the operation of his Lordship's 
mill there, located on Gardiner's Creek. This was denied, 
except as to the stock, upon the ground that, the whole plan- 
tation and all of its appurtenances, had with the garrison, 
been "surrendered" under articles to His Majesty's use".' 
Two years later, however, by order of Council, the estate was 
given up aud formally placed into the possession of Col. Henry 
Darnall, the agent of the Proprietar}-. '^ 

The last notice of the old Calvert house was in 1773, when 
it was reported to be in a state of dilapidation and decay. It 
has long since disappeared, though its foundation and cemented 
celler may still be seen. The building was about 60 x 30 feet, 
with a capacious wing, and stood about 250 yards southward 
of the present commodious dwelling house of Mattapany. The 
garrison, the site of which is still discernible, stood about 100 
3'ards nearer the river, and on the river bank in the rear of the 
present dwelling house, are the remains of an old earthen forti- 
fication — probably a remnant of the ancient bulwark of defense 
for Mattapany. 

" Mattapany ", or " Mattapany Sewall ", as it was called, 
came back into the possession of the Sewalls in 1722, by grant 
from the 2nd Charles L,ord Baltimore to Nicholas Sew^all, son 
of the original proprietor, and it remained in the famil}^ until 
early in the present century. 

Susquehannah, adjoining Mattapany on the east, and 
situated on the Patuxent, is noted as having been the home of 
Christopher Rousby, the King's Collector General, w'ho was 
fatally stabbed in an altercation with Col. George Talbot, a 
member of the Council and Surveyor General of the Province. ^ 

I Archives (CI. Pro. 1690) p. 182. 2 Ibid, 1692, p. 311. 

3 Talbot was at once arrested, and in .spite of the efforts of the 
Council to have him tried in Maryland, he was carried off to Virginia and 



SAINT MA RTS CO UNTY 293 

The tombstone, a massive marble slab, covering the grave of 
Colonel Rousb3^ on this estate, bears the following inscription: 

' ' Here lyeth the Body of Xpher Rousbie esquire, who 
was taken out of this World by a violent Death received on 
Board his majesty's ship 'The Quaker Ketch ', Capt. Thomas 
Allen command'r the last day of Oct'r 1684. And alsoe of Mr. 
John Rousbie, his Brother, who departed this natural Life on 
board the vShip Baltimore. Being arrived in Patuxent river 
the first day of February 1685, memento mori ". 

Susquehannah is otherwise noted as the place at which 
the Council held its meeting July ist 1661, and determined 
upon the famous expedition against the Dutch on the Dele- 
ware. "' 

delivered up to the rapacious Governor, Lord Howard of Effingham, who 
treated all the remonstrances of the Marylanders with contempt. Balti- 
more, anxious that his kinsmen should have, at least, the chance of a 
fair trial, obtained an order from the Privy Council to have him sent to 
England. But when the order, dated January 1685, reached Virginia, 
the bird had flown. In the dead of winter, Talbot's devoted wii'e, and 
two brave and faithful retainers, sailed down the bay in a little skiff, and 
up the Rappahannock to a point near Gloucester, where he was im- 
prisoned. Here thej' contrived by some devise to effect the release of the 
prisoner, and carried him off in safety to his distant Manor, Susque- 
hannah, in Cecil County. The hue and cry was proclaimed, and so hot 
was the pursuit, according to local tradition, that Talbot was forced to 
secret himself in a cave, where he was fed by two trained hawks which 
brought him wild fowl from the river. However, this may have been, 
he soon surrendered himself to the authorities, who delivered him to 
Effingham. The order of the Privy Council being disregarded, he was, 
in April, 1685, tried and convicted. The Proprietary was, however, not 
idle in his kinsman's behalf, and obtained from the King a pardon, in 
time to save his life — Brown, History of Maryland, 146. 

I On the Calvert side of the Patuxent, and nearly opposite vSusque- 
hanna, is the estate known as Rousby Hall— one of the handsomest, and 
until the dwelling house was destroyed in the war of 1812, one of the 
most highly improved places in Southern Maryland. It was the home of 
Col. John Rousby (possibly a descendant of John Rousby who is buried 
at Susquehannah) who was the father of Ann, wife of Hon. Edward 
Lloyd and of the Iloa. John Rousby of Rousby Hall, the father of Ann, 



294 COLONIAL MARYLAND 

After the death of Colonel Rousby, Susquehannah reverted 
to the Proprietary, and, iu 1700 it was granted to Richard 
Smith. This patent was executed by Mary Darnall/ the wife 
of Colonel Henry Darnall, the agent of the Proprietary, and 
is one of the very few instances in which such authority was 
exercised hy a woman in Maryland. Shortly afterward it 



wife of Gov. George Plater. Col. John Rousby's wife was Barbara, the 
<" daughter of Henry and Frandjs Morgan of Kent County, and the author 

of the famous narative of ihe troubles in Maryland consequent upon the 
Protestant Revolution. She married secondly Richard Smith of Saint 
Leonards, Captain of Militia, of Calvert County, Surveyor General 1693, 
died 1714, son of Richard land Kleanorj Smith of Calvert County, who 
came to Maryland in 1649, Attorney General iu 1655, and member of 
the House from 1660 to 1667. Richard and Barbara Smith had sons, 
Richard, Charles, Somerset and Walter, who have representatives still 
living in Calvert and Saint Mary's, and daughters Anne, Elizabeth and 
Barbara, progenitors of the Parkef*s, Hellens", and Dawkins' of Calvert 
County. Hon. John Rousby, only son of Col. John Rousby, and the 
father of Mrs. Plater, died in 1750 at the early age of twenty-three, and 
is buried at Rousby Hall, where his tomb may still be seen. 

The following romantic incident iu ihe life of Mrs. Plater is handed 
down by those who vouch for its truth. Mrs. Rousby her mother, noted 
alike for her beauty, dignity, position and wealth, became a widow at the 
age of twenty, her only child being then an infant. Among her many 
suitors was Col. William Fitzhugh of Virginia. His position and fortune 
were good, but the fair widow of Rousby Hall was inflexible. Colonel 
Fitzhugh, however, who had .served utuler Admiral Vernon at Carthe- 
gena, was not to be subdued and continued to press his suit. On one 
occasion having puid a visit to Mrs Rousby, and on leaving the house to 
take hi.s boat, the nurse appeared, bearing in her arms the iufant heiress 
of Rousby Hall. Snatching the child from the nurse's arms, and unheed- 
ing the cries of the baby, the desperate soldier-lover sprang into his boat 
and ordered his men to push from the shore. When some distance out 
in the Patu.xcnt, he held the c'nild over the water, threatening 10 drown 
it if its muUier did not relent and agree to become his wife. The mother 
half frantic, stood upon the river bank while her mad lover held her 
innocent child belween sky and water. Believing that the threat would 
be executed she yielded and sealed her fate, by becoming shortly after- 
wards Mrs. Col. William Fitzhugh, and the baby that was not drowned 
became the wife of Gov. George Plater. 
I See Patent in Land Office. 



SAINT MAR r ^ CO UNTY 295 

became the property of a branch of the Maryland, Carroll 
family, and for many generations continued to be their attrao- 
tive homestead. 

Cedar Point, at the mouth of the Patuxent, and adjoining 
Susquelianuah, was the Sewall estate. It was granted by Lord 
Baltimore, in 1676 to Nicholas Sewall, his step-son, in whose 
family it remained until a very recent da-te. ' 

These three estates, Mattapany, Susquehannah, and Cedar 
Point, originally occupied nearly the whole of that fertile and 
beautiful plateau bordering on the mouth of the Patuxent. 

Above Mattapany, and near Town Creek on the Patuxent 
was Saint Joseph's Manor, containing 1350 acres. It belonged 
to the Edloes," and subsequently to the Platers.'^ On 
Abbington Creek, on this Manor, the port of Saint Joseph's 
was erected in 1688. 



1 Major Nicholas Sewall, Secretary of Maryland in 1683, member of 
Council from 1684 to 1689, and son of Hon. Henry Sewall, of "Matta- 
pany", married Susannah, daughter of Hon. William Burgess, of Anne 
Arundel County. They left sous Charles and Henry. The latter's 
widow, Elizabeth, in 1728, married Hon. Wm Lee of the Council, father 
of Thomas, the father of Governor Thomas Sim Lee. Nicholas, son of 
Henry and Elizabeth Sewall, married Miss Daruall of "Poplar Hill" 
Prince George County. Among the more prominent of the Sewnlls of 
later times, were Hon. Nicholas Lewis Sewall of " Cedar Point", mem- 
ber of convention for ratification of the constitution of the United Slates, 
and Robert Darnall Sewall of " Poplar Hill ". The last named estate 
is a part of the once famous and beautiful plantation in Prince George's 
County, known as the " Woodyard ", and the home of Col. Henry Darn- 
all, who came to Maryland in 1665, his brother John Darnall, having 
located at Portland Manor, Anne Arundel County. Eleanor, daughter 
of Col. Henry Darnall, married Clement Hill. Archbi.shop Carroll's 
mother, Eleanor Brooke Darnall was of the "Woodyard'', as was also 
Mary, the wife of Charles Carroll of Carrollton. Robert Darnall, grand- 
son of Col. Henry Darnall, lost all of this magnificent estate except 
"Poplar Hill" — about 800 acres — and which came into posses.sion of 
the Sewall's through the marriage above mentioned. 

2 Patent in Land Office. 3 Will, George Plater, 1751. 



296 COLONIAL MARYLAND 

Between Town Creek and Cuckolds Creek was " Resurrec- 
tion Manor". It was patented, in 1650, to Thomas Corn- 
waleys.^ Shortly afterwards it came into possession of the 
Plowden family, where it remained for several generations.^ 
On this Manor, two sessions of the Privy Council were held, 
the one on December 12th, 1659, the other, June 27th, 1662.^ 

"Satterly", now called Sotterly, on the Patuxent, op- 
posite Saint Leonards Creek, was the Plater homestead. It 
is beautifully located and highly improved. The house, built 
about 1730, is a handsome model of antique architecture. It 
is in the shape of the letter " Z " , is one and a half stories 
high with steep gambrall roof, surmounted by a cupola and 
penetrated by triangular capped dormer windows. It is a 
frame building with brick foundations, brick gables, brick 
porches and flagstone colonade. A secret brick arch-way leads 
from the cellar to the foot of the hill below the house. The 
rooms are capacious, with ceilings of medium height on the 
lower floor, and hipped and low on the upper floor. The main 
hall, library, and original dining room, are furnished in hand- 
somely panneled wood from the ceiling to the floor. The 
parlor is finished entirely in wood, both ceiling and side 
walls, artistically paneled and elaborately carved. The shell 
carvings forming the ceilings of the parlor alcoves are especi- 
ally unique and handsome. The window frames are of walnut 
and the door solid mahogany, swung on solid brass strap 
hinges extending about two feet across the door. This room 
presents one of the finest specimens of colonial interior finish 
and decoration to be found in Marjdand. The stairway is also 
of mahogany, with grooved rail, and balustrade and newel 



1 Patent in Land Office. 

2 Will of George, Edmund and Henrietta Plowden. 

3 Archives (CI. Pro.) p. 381, 460. 



SAINT MARY'S COUNTY 297 

post of an ingenious device of filigree work. A tradition in 
the Plater family is that the work on the parlor and stair- way 
was done by a mechanic named Bowen, who was one of the 
"King's seven A^ear convicts", transported to Maryland, 
purchased by the Hon. George Plater and liberated in con- 
sideration of his masterly workmanship at Sotterly. In the 
front yard formerly stood two small square buildings, with 
cone shaped roofs. The one stood at the garden gate and was 
used as a wine and smoking room; the other stood immediately 
opposite, and was used as the office of the Collector and Naval 
Ofiicer of the Patuxent District. The former of these is now 
at the foot of the yard, opposite the old " Gate Lodge " ; the 
other is in the barn 3'ard, flanked by a series of sheds and used 
as a granary. Near the centre of the garden, and about thirty 
yards from the house, still stands in good preservation, a relic 
of the olden times — the Sotterlj^ sun dial. A capacious brick 
stable and carriage house bears the date of its erection — 1734, 
carved in the brick. 

Sotterl}- was originally a part of " Fenwicks Manor". 
It was purchased from it by the Hon. James Bowles, contained 
2000 acres and was for manj' years known as ' ' Bowles' Separa- 
tion ". Its present name, after the Plater homestead in Eng- 
land, as well as many of its architectural beauties, it owes to 
its subsequent owners — the Platers — in whose possession it 
came by intermarriage with the widow of Mr. Bowles. ' 

I Of the marriage of Ihe Hon. George Plater, father of Governor 
Plater, in the Maryland Gazette of June i6th, 1729, the following notice 
appeared : "On Thursday last the Hon. George Plater was married to 
Mrs. Rebecca Bowles, relict of James Bowles, Esq., a gentlewoman of 
considerable fortune". 

Mrs. Rebecca Bowles was the daughter of Col. Thomas Addison and 
Elizabeth, his wife, the daughter of Thomas Tasker, treasurer of Mary- 
land. James Bowles, her first husband, who died January, 1727, was a 
member of the Council of Maryland, and sou of Tobias Bowles, of London. 



298 COLONIAL MARYLAND 

For more than a century, Sotterly was conspicuous as the 
homestead of this family — than which none other, perhaps, 
was more closely identified with the history of Maryland, both 
as a colony and as a State. The Hon. George Plater was a 
member of the Assembly and Attorney General of Maryland 
as early as 1691, and from 1692 to 1720, was the Collector of 
Customs for the Patuxent. His son, George Plater, was for 
many years a member of the Council, and was Naval Officer 
of the Patuxent, and, from 1746 to 1755, was Secretary of the 
Province. His son, George Plater, was a member of the 



Their children were Eleanor, who married, ist, William, son of Governor 
Sir William Gooch, and married. 2nd, Warner Lewis, both of Virginia; 
Mary and Jane Bowles, one of whom inarried William, son of Henry and 
Martha (Burwell.i Ainiistead of Virginia. 

Hon. George Plater died June I7th, 1755, his wife having died before 
1751. They left children — Governor George, Ann, Elizabeth, and Re- 
becca Plater, who married, in 1744, Col. John Taylo\ of Mount Airy, 
Virginia, and who died in 1787, leaving children: Elizabeth, married, in 
1767, Edward Lloyd, father of Governor Edward Lloyd, of Maryland ; 
Rebecca married, in 1769, Francis Lightfoot Lee, "the signer" ; Eleanor 
married, in 1772, Ralph Wormly ; Ann, married, in 1773, Thomas Lomax ; 
Mary, married, in 1776, Mann Page; Catherine, married, in 17S0, Lan- 
don Carter; Jane, married, in 1791, Robert Beverly ; Sarah, married, in 
1799, Col. William Augustine Washington (all of Virginia); John, born 
1771, married 1792, Anne, daughter of Governor Benjamin Ogle, of Mary- 
land, died 1828, leaving many children, among them HenryyTayloe, of 
Alabama, and Benjamin Ogle Tayloe, of Washington. D. C. \; 

Governor George Plater, only son of Hon. George Plater, and heir 
of Sotterly, was born in 1736, and was educated at William and Mary's 
College. In 1760 he visited England, where he was introduced by letters 
from Governor Horatio Sharpe. He seems to have made an agreeable 
impression while there upon Lord Baltimore, who .shortly after indicated 
to Governor Sharpe his desire to have him associated "in the affairs of 
the Province ", and with which he soon became so prominentl)' con- 
nected. He married Ann Rousby, the only child of Colonel John 
Rousby, of the once famous and beautiful estate on the Calvert side of 
the Patuxent, known as " Rou.sby Hall". Mrs. Plater enjoys the repu- 
tation of having been a woman possessed of rare personal beauty and 
stately elegance Her rich patrimony, added to the already large estate 
of her husband, enabled the occupants of Sotterly to live in courtly style) 



SAINT MARTS COUNTY 299 

House of Delegates in 175S , Naval Officer of the Patuxent, 
from 1767 to 1774 ; Judge of the Provincial Court, from 1771 
to 1773 ; Member of the Council, in 1773 and 1774 ; Member 
of the Council of Safety of Marjdand, in 1776 ; Member of the 
Constitutional Convention of Marjdand, in 1776 ; Member of 
the Senate of Maryland and President of that body, in 1784 ; 
Delegate to the Continental Congress, from 1788 to 1791 ; 
Member of the Convention for the ratification of the Constitu- 
tion of the United States, and President of that body in 1788 ; 
Presidential Elector, in 1789 ; and Governor of Maryland, in 
1792. 

Besides being so closely identified with Maryland in her 
struggle for independence and in laying the foundations of free 
government, his name conspicuousl}' appears upon the pages 
of his country's histor}^, during a period of half a century, in 
nearly ever}^ important move made by her people. He died 



and in full keeping with their distinguished position, as is clearly attested 
b}' the will of Governor Plater and the inventory of his estate. Governor 
George and Ann Rousby Plater left two daughters, Ann and Rebecca 
(whose fame for beauty and accomplishments have lived to the present 
day), and three sons, George, Thomas, and John Rousby Plater. Ann 
Plater married the distinguished jurist and statesman. Philip Barton 
Key, and Rebecca married General Uriah Forrest, of the Maryland line ; 
George, eldest son of Governor George Plater and heir of Sotterly, mar- 
ried, 1st, March 9th, 1795, Cecelia B. Bond, of "Southampton", and 2d, 
March 22d, 1798, Elizabeth Somerville. He died in 1802, leaving by 
his first marriage, George, who inherited Sotterly and lost it, and by his 
second, Ann Elizabeth Plater, who married her cousin, John Rousby 
Plater. Judge John Rousby, second sou of Governor George Plater, 
married Elizabeth Tuttle, of Annapolis, Maryland. He died in 1832, 
leaving children — i, Elizabeth, who married May 5th, 1818, Stephen 
Gough, and left issue, Elizabeth A., Stephen, Sophia, Mary, Louise, 
Georgiana, and John Rousby Gough; 2, Dr. William, who married, ist, 
Mrs. McEldeny, by whom he had one sou, William, and 2d, Louise 
Hobbie, by whom he had children, John Rousby, May hew, married 
Alice Bland, and Louisa Plater ; 3, Sophia, married William G. Ridgely, 
nephew of Hon. Chailes Ridgely, of Hamplou, and had issue, Elizabeth, 
Thomas, Louise, Emily, William, Ann Key, and Sophia Matilda Ridgely; 



300 COLONIAL MARYLAND 

at Annapolis, February loth, 1792. His remains "attended 
by the Council and State officials, were taken the next day, 
by way of South River, to Sotterl}'", where he is buried in 
what is now an open field, and without even a simple slab to 
mark the last resting place of a son of Maryland, whose state- 
manship and zeal are so closely interwoven with her govern- 
ment, and whose whole life, from the dawn of earlj^ manhood 
to the grave, was conspicuous for disinterested devotion and 
distinguished service to the State and to the Nation. Oh ! 
Spirit of lyiberty, where sleeps your thunder ! 

His sons were — George, a colonel in the Maryland line, 
Thomas, a member of Congress from Maryland, from 1801 to 
1805 ; and Judge John Rousby Plater, who was Presidential 
Elector in 1797; in 18 12, and for several terms thereafter, he 
was a member of the House of Delegates of Maryland, and 
from 1823 to the time of his death, 1832, filled with distinc- 
tion and honor, the position of Associate Judge of the First 
Judicial District of Maryland. 

Below De La Brooke, and separated from it by Cat Creek, 
was " Fen wick's Manor", granted in 1651, to Mr. Cuthbert 
Fenwick, prominent in the early councils of the Pro\'ince, and 
the progenitor of a long line of descendants, distinguished 

4, John Rousb)', married, ist, November 3d, 1816, his cousin, Ann E. 
Plater, who died without issue, and 2d, Matilda Edmonson, by whom he 
had issue, John Rousby and Charlotte Plater, the latter being the wife 
of General E. Law Rodgers, of Baltimore. 

Thomas, the third son of Governor George Plater, inherited the 
famous estate, " Rouseby Hall ", and sold it. His daughter, Ann Plater, 
was another noted beauty of the family, and of whom many reminis- 
cences still survive. She became the wife of Major George Peter, of 
Montgomery County, distinguished in the military service in 1812 — a 
belle and a hero of ye olden time. 

Early in the present century, Sotterly passed out of the Plater fam- 
ily, and since then, the mansion house and a small portion (about 400 
acres) of the once vast domain of Sotterly, has been in the possession of 
the family of Dr. Walter Hanson Stone Briscoe. 



SAINT MARTS COUNTY 301 

both in Church and State. The manor extended down the 
Patuxent as far as Saint Cuthbert's (Cuckold's) Creek, and 
that part of it bordering on this creek still retains its original 
name — Saint Cuthbert's. 

The manor house, it is said, stood on the .site occupied 
by the residence of the late Joseph Forrest. This house was 
referred to as early as 1659, in the famous proceedings against 
Edward Prescott, for "hanging a witch", in which Colonel 
John Washington, of Virginia, the great-grandfather of Gen- 
eral George Washington, was the principal witness. " He 
will be called", says the summons of Washington, " uppon 
his tryal the 4th or 5th of Octobr next, at the Court to bee 
held then att the Patuxent, near Mr. Fenwick's house ". In 
this connection it may be interesting to note that Colonel 
Washington, in reply to this summons, wrote that he would 
be unable to attend court on the days named " because then, 
God willing, I intend to gette my j^owng sonne baptized. All 
the Company & Gossips being allready invited ' ' . The pro- 
ceedings also show that at the trial of the case, no witnesses 
appearing, the prisoner was acquitted.' 

Near the manor house of Fenwick's Manor, stood " Fen- 
wick's Mill", long since di.sappeared, though the outlines of 
the old mill dam were plainly visible within the recollection of 
many persons still living, and near the mouth of Cole's Creek 
stood one of the public warehouses of the Province, known 
as 'Cole's Inspection". There was on the manor, also, 
"Fenwick's Tavern", a part of which is still standing and 
constitutes a portion of the dwelling house on the estate of 
Mr. James T. King.' 



1 Record of this case is printed in full in Brown's History, pp. 84-86. 

2 On the north side of, and close to the road leading from Oakville 
to Forrest Wharf (presumably on that part of Fenwick's Manor which 
■was the estate of Henry I^owe), may still be found an old tombstone 



302 COLONIAL MARYLAND 

De-la Brooke, on the Patuxent. was settled iti 1650, by 
Robert Brooke, a member of the Council, and, during the 
ascendency of the Cromwell party in Maryland, was President 
of the Council and, as such, Governor of the Province. ' In the 
written memorandum which he left of his family, he says : 
"Robert Brooke, Esq., arrived out of England on the 29th 
day of June, 1650, in the 48tli year of his age, with his wife 
and ten children " . " He was the first that did seat the 

bearing the following inscription: "Here Lyeth interred the Body of 
Susannah Maria Lowe, Late wife of Henry Lowe, of the family of the 
Bennetts, who departed this life the 28th day of July 1714 In the 48th 
year of her Age ''. Mrs. Susannah Maria Lowe was no less a personage 
than the daughter of Richard Bennett and his wife, Henrietta Maria 
Neale, the daughter of Captain James Neale. She married, ist, John 
Darnall, and had a daughter, Henrietta Maria Darnall. She married, 2d, 
Colonel Henry Lowe, who died in 1717. They left children — Elizabeth, 
who married Henry Darnall, of Portland Manor; Bennett, Thomas, 
Dorothy, who married Francis Hall ; Mary, who married Edward Neale; 
Nicholas, Ann, Susannah, and Henry Lowe. Susannah Lowe married 
Charles Digges, and their(Waughter married Governor Thomas Sim Lee, 
the grandfather of Marv Digges Lee, mother of Governor John Lee 
Carroll. 

I Robert Brooke was the son of Thomas Brooke, of Whitechurch, 
England, and Susan Foster, his wife, the daughter of Sir Thomas Foster, 
and sister of Sir Thomas Foster, Jr., Lord Chief Justice of England. He 
married, ist, Mary, daughter of Thomas Baker, of London, and 2d, Mary, 
daughter of Roger Mainwariug, Dean of Worcester, and Bishop of 
Saint David's. Robert Brooke was commissioned, by Lord Baltimore, 
Commander of Charles County, and a member of the Privy Council, be- 
fore he left England, in 1650. Why he subsequently united with Crom- 
well's Commissioners for the reduction of Maryland, is a question upon 
which but little light has been thrown. It has been suggested that he 
was actuated by the belief that by accepting a position in the Cromwell 
Council he could the better serve and protect Baltimore's interests in the 
Province, but the latter did not so understand it, for he was quick in 
retribution, deposing him both as Councilor and Commander. The facts 
rather point to the conclusion that his religious sympathies were with 
the Cromwell party, and hence his attitude. Historians, generally, have 
assumed that he was a Roman Catholic, though Bozman says he was a 
" Puritan ", and Allen, that he was a " High Church Protestant". Cer- 
tain it is, that he stood very high in the confidence of the Cromwell 



SAINT MARTS CO UNTY 303 

Patuxent, about twenty miles up the river, at De-la Brooke"/ 
Besides his own family, he brought at his own cost and charge, 
twenty -eight other persons. 

The settlement was erected into a county, called Charles, 
and Mr. Brooke made its Commander. De-la Brooke, con- 
taining two thousand acres, which formed the chief seat of the 
Brooke colony, was erected into a manor, with the right of 
Court Baron and Court Leet, and his oldest son, Baker Brooke, 
made lord of the manor. ^ 

The house at De-la Brooke stood about a mile from the 
river, on the brow of the hill, and about fifty yards north of 
the road leading from the present De-la Brooke House to the 
Three-Notched Road. It was a commanding situation — the 
broad plains below ; the river, with its curves, creeks, coves, 
and islands, giving it a land and water view most imposing 
and picturesque. It was a brick building, about thirty by 
forty feet, one and one-half stories high, with steep roof and 
dormer windows. The rooms on the lower floor were hand- 
somely wainscotted, and the parlor was also embellished with 
massive wooden cornice and frieze, on which were carved in 
relief, roses and other floral designs. The house was de- 
stroyed about sixty years ago, but it still stands in the rec- 
ollection of many persons familiar with its quaint architec- 
ture and handsome finish. A mass of moss-covered bricks 
and an excavation still mark the spot where, for nearly two 
hundred years, stood the first manor house on the Patuxent. 
De-la Brooke is otherwise noted as the place at which the Coun- 
cil, with Governor Charles Calvert, met on July 19th, 1662. 



party, in fact, as President of its Council, was practically made its leader; 
and his son, Thomas Brooke, was a member of the Council under the 
Royal Government iu Maryland, as well as one of the first Vestrymen of 
Saint Paul's Parish, Calvert County. 

I Memoirs of R. B. Taney, p. 25. 2 See Patent in Land Office. 



304 COLONIAL MARYLAND 

The lower part of De-la Brooke manor, subsequently 
came into the possession of Henry Queen, John Ford, and 
John Francis Tane^^ ; the mansion house and the upper part 
of the manor in Richard Boarman,' and later in his daughter, 
Catherine Brooke Boarman, wife of Major William Thomas, 
and a descendant of Baker Brooke, the first lord of the 
manor, and his wife Ann, the daughter of Governor Leonard 
Calvert. 

Adjoining De-la Brooke, is Cremona, and, while a more 
modern estate, perhaps, than those embraced in the period 
under consideration, it should be mentioned because of its 
singular beauty, both in its picturesque location, and in the 
imposing and hospitable appearance of its attractive mansion. 

Higher up the river, is the fine estate known as ' ' Trent 
Hall".^ It was granted, in 1658, to Major Thomas Truman, 
a member of the Privy Council.^ When first granted it was 



1 Rent Rolls. 

2 On this old estate is the Truman and Greenfield grave yard, noted 
as containing probably the oldest tombstones in Maryland. The earliest 
of them are to the memory of General James Truman, " who died the 
7th day of August, 1672, being aged fifty years"; "Nathaniel Truman, 
Gent", who "died the 4th of March, 1678"; Thomas Truman, "who 
died the 6th of December, Anno. 1685 Aged sixty years The memory 
of the just is Blessed. Prov. ye 10 ch & ye 7 yrse • ; Mary, " wife and 
relict of Thomas Truman, Esq., who died the 6th of July, Anno. 1686, 
Aged fifty-two years"; Thomas Truman Greenfield, " who departed this 
life December loth, 1733, ^^ the fifty-first year of his age "; Walter Green- 
field, "son of Colonel Thomas Truman Greenfield, and Anne his wife, 
who departed this life on the 28th of May, 1739, in the fourteenth year of 
his age. A Dutiful Son : the Glory of his Mother"; Captain Thomas 
Truman Greenfield, "son of Colonel Thomas Truman Greenfield and 
Susanna, daughter of Kenelm Che.seldyne and granddaughter of Thomas 
Gerrard, Esq., of Bromley in Lancashire, who died 29th of November, 
in the 23d j'ear of his age, A. D. 1744 ". 

3 Major Thomas Truman commanded the jV^.-iryland militia in the 
joint attack made by Maryland and Virginia, in i?j :3, upon the Indians 
on account of a number of murders alleged to have been committed by 
t hem, the Virginia forces being led by Colonel John Washington, Colonel 



SAINT MARTS COUNTY 305 

called "Trent Neck", and contained six hundred acres, but 
in 1705, under a re-survey for his nephew, Thomas Truman 
Greenfield, it was enlarged to two thousand, three hundred 
and fifty- four acres. ^ 



Mason, atid Major Alderton. On reaching tlie fort of the Susquehan- 
noughs, Major Truman summoned their chiefs to a parley, and after re- 
ceiving assurances that it was not they, but the Senecas, who had com- 
mitted the outrages, expressed himself as satisfied with the truth of that 
statement. Thus reassured, the chiefs returned to the colonial camp the 
next day, by which time the Virginia militia had arrived. They were 
again interrogated as to the affair, with the result that Colonel Washing- 
ton, and a large number of soldiers in both companies, became convinced, 
it would seem, that at least five of the Indians then before them, were 
guilty, and urged that they be at once killed. Truman protested, but, it 
appears, ultimately yielded, and the five were taken out and tomahawked. 
For this offense, Major Truman was arraigned before the Lower Hou.se, 
where articles of impeachment were brought against hiin, and the Gen- 
eral Assembly convicted him of violating his instructions and commis- 
sion. The two houses, however, being unable to agree upon the penalty 
— the Upper House insisting upon the death penalt)-, and the Lower 
House, upon a pecuniary fine only — he escaped punishment altogether, 
but the Proprietary dismissed him from the Council. 

Many historians have done Major Truman the — perhaps uninten- 
tional — injustice of simply recording the fact of his attainder and con- 
viction. But it is due to him that it be said, that the proceedings in his 
case indicate that he was largely the victim of policy, growing out of a 
desire to pacify the Indians, as w-ell as a narrow con.struclion of the terms 
of his commission. The testimony shows that Major Truman, at first, 
warmly protested against the act, and only yielded when he found the 
Virginia Commanders, as well as the soldiers, keen for what they be- 
lieved to be a summary act of justice, and when he thought further 
opposition useless, or, iu the language of the reply of the Lower to the 
Upper House, when it. was the result of "the unanimous consent of the 
Virginians, and the general impetuosity of the whole field, as well 
Mary Zanders as Virginians, upon the sight of the christians murdered ". 
* * * and the "very Indians that were there killed being proved to be 
murderers, both of them and several others", and further, when the act 
became a necessity to prevent a mutiny of the whole army. But the 
Upper House thought differently, and insisted that if Truman escaped 
lightly it would "not give any satisfaction to the heathens, with whom 
the public faith had been broke, and until such actions are in a more 



I 1st H. & J., Maryland Reports, p. 316. 



3o6 COLONIAL MARYLAND 

The "Plains", at first called "Orphans' Gift", situated 
on the Patuxent, above "Trent Hall", is an old estate of 
exceptional attractiveness.' It was, in its earlier history, the 
home of the Jowles family — a family which, though now ex- 
tinct in name, at least in Southern Maryland, was one of great 
distinction in the colonial annals of the State — but it subse- 
quently, through intermarriage, came into the possession of 

puljiic manner disowned the Indians may take notice thereof". * * * "It 
is not to be expected that any faith or credit will be given to any treaties 
we shall have with them, which in this dangerous juncture of affairs, 
the country will -stand in need of". — (Archives (Ass. Pro. 1676) pp. 475- 
481, 485-493, 500-504.) That the Susquehannoughs held the Virginia, and 
not the Maryland forces responsible for the occurence, is fully attested by 
the fact that when the)' attempted to seek revenge, their whole aim was 
directed at Virginia, and resulted in the famous Bacon's rebellion. 

I The " Plains " formerly embraced within its domain, the estates of 
" Chesley's Hill" and "Orphans' Gift", and in the old family grave- 
yard there, may be found tombstones bearing the following early inscrip- 
tions : 

"Here lies Interred the body of Colonel Henry Peregrine Jowles, 
who departed this life the 31st day of March, 1720, in the 49th year of 
his age ' ' . 

"Here lies Interred the bod}' of Mr. John Forbes, who departed 
this life the 26th day of January, 1737, in the 37th year of his age". 

" Here is interred the body of Mary Sothoron, wife of Henry Green- 
field Sothoron, only child of Major Zachariah Bond. Born the 14th day 
of January, 1736, and died the nth of October, 1763, Aged 26 years". 

" Under this tomb is deposited the remains of John Forbes, who was 
born on the 19th day of March, 1757. He departed this life on the 31st 
day of Dec. 1804, in the 48th year of his age. He was a good man ". 

"Maria Forbes, born 1803, died 1805 ". 

At " Chesley's Hill " is a stone bearing the following : " This mon- 
ument is erected to the memory of John Chesley of -Saint Mary's County, 
who died December the 5th. 1767, in the 64th year of his age. He was 
magistrate of said County upwards of 30 years, during several of which 
he presided as judge of the Court, and always distinguished himself for 
ability and uprightness. 

" Beneath this stone the cold remains are laid, 
Of one who has the debt of nature paid, 
Truth as she passes drops the silent tear, 
Laments the Husband, Parent, Friend, 
Duty and love have thus inscribed his name, 
But virtue ranks it in the Book of Fame ". 



SAINT MA R Y' S CO UNTY 307 

the Sothorons, and for many generations has been their inter- 
esting homestead. The dwelling house — a capacious brick 
building, and erected, it is said, prior to the Revolution, by 
the Hon. Henry Greenfield Sothoron — is a unique and impos- 
ing specimen of colonial architecture. This old mansion still 
bears the scars of war, inflicted upon it in 1S12, in a conflict 
between the British fleet and the Maryland militia stationed 
there, in the attempt on the part of the latter to prevent the 
fleet from going further up the river. 

On the opposite side of the Patuxent, and forming an 
interesting historical, as well as a picturesque feature of the 
landscape, and which can be seen from the Saint Mary's side 
of the river, may be mentioned Point Patience, once under 
consideration as the site of Maryland's Capital ; the house of 
Richard Preston, the seat of government under the Puritan 
reign in Maryland ; Saint Leonard's Creek, famous as the 
scene of the heroism and exploits of Commodore Barney ; 
Brome's Island, near Saint Leonard's, noted as the place se- 
lected for the execution of the first capital punishment in 
Maryland; Calverton, but shortly afterward called "Battle 
Town", on Battle Creek, laid out as the first county seat of 
Calvert County, and which it continued to be until 1725, when 
the county seat was removed to William's Old Fields, called 
Prince Frederic after 1728. Near Battle Town is the handsome 
Taney homestead, the seat of that distinguished family for 
many generations, and the birth-place of the illustrious Chief 
Justice Roger Brooke Taney, while separated from it by Battle 
Creek, is Brooke Place Manor, in latter life the home of Gov- 
ernor Robert Brooke.* 



I Archives (Ass. Pro. 1662) p. 435 ; Bozman, 2, p. 205 ; Annals of An- 
napolis, p. 46 ; Memoirs Com- Barney, pp. 256, 257 ; Archives (Test. Pro. 
1657) p. 545 ; Ibid, CI. Pro. 1669, p. 47 ; Ibid, A.ss. Pro. 1682, p. 280 ; Act, 
1725, C. II ; Act, 1728, C. 17 ; Memoirs R. B. Taney, p. 20. 



3o8 COLONIAL MARYLAND 

Among the places of interest lying between the Patuxent 
and Wicomico rivers, should be noted ' ' Forrest Hall " , " Hilly 
Lee " , ' Indian Town " , " Hamburg " , and ' ' Auckland ' ' , 
the latter, formerly a large estate, embracing among others, 
the beautiful homestead of Mr. John A. Barber.' 

"Deep Falls", the Thomas homestead, is situated near 
village of Chaptico. In the Proprietary grant, dated March 
26th, 1680, it was called "Wales", but when the improve- 
ment, known as "the falls", was completed, the name was 
changed to the one it bears to-day. The present mansion was 
erected by Major William Thomas, about 1745. It is, in ap- 
pearance, an English country dwelling house, and, while its 
builder aimed at massive simplicity, rather than architectural 
display, it is of graceful and pleasing design and finish. It is 
a large, double, two-story frame building, with brick founda- 
tions and brick gables to the upper line of the first storj-, when 
the brick work branches into two large outside chimneys at 
each gable end of the house. It is sixty feet long and forty 
feet deep, with wide piazzas, front and back, running the 
whole length of the house, and supported by handsome, mas- 
sive pillars. 

On a line with the front of the house, is a long corridor, 
with a capacious wang, one and a-half stories high, and 
which constitutes the culinary department. The hall, as 



I Dr. Luke Barber, the progenitor of the Barber family in Southern 
Maryland, came to Maryland in 1654, distinguished himself in the battle 
of the Severn, and for his bravery on that occasion, and his fidelity to 
the Proprietary throuj^hout the Puritan rule in Maryland, he, together 
with Major Thomas Truman, William Barton and others, was made the 
subject of a special donation, each receiving one thousand acres of land, 
by order of Baltimore. In 1656, he was appointed a member of the 
Privy Council, and the following year, was promoted to the office of 
Deputy Governor of the Province, acting in the absence of Governor 
Kendall. He died before 1671. His widow married John Bloomfield, oi 
Saint Maiy's City. 



SAIN T MAR r S CO UNTY 309 

distinguished from a mere passage, is a feature that does not 
exist, it is believed, in any other colonial house in Saint Mary's. 
It is a large, well finished, square room, and is flanked on one 
side by a parlor, on the other by a dining-room, separated 
from it by a partition consisting of a series of folding doors, 
and in the rear by a long passage, running at right angles, 
into which it opens, and through which entrance is obtained 
to the back porch, by a door imme iiately opposite the front 
door, and the archway between the hall and the passage. 
The stairwaj' is in the passage. Its sides are carved, with 
maple newel posts and rosewood top, surmounted with an ivory 
knob, rosewood rail, and bird's-eye maple balustrade, the two 
latter extending around the corridors above. 

In front, is the entrance to the house, through a gently 
ascending avenue, about forty 3'ards wide and three hundred 
yards long, lined on each side with a row of ornamental trees, 
with a background of cone-shaped cedars. In the rear, are 
five falls, or terraces, each one hundred feet long and ten feet 
deep, which lead to a plateau below. About two and a-half 
acres of this plateau is the garden. It is Queen Anne in 
design, is artistically^ laid off, and, at one time, was highly 
ornamented with fine specimens of shrubbery and flowers. 
On the right and left of the house, is a broad lawn of aljout 
three acres, made picturesque by its gentle undulations, and 
its rich and varied foliage. ' ' Deep Falls ' ' is one of the few 
places in Saint Mary's, which is still in the family of its origi- 
nal proprietor, and the old graveyard there, dedicated to family 
burial more than a century and a half ago, contains within its 
sacred limits, the successive generations that ha\-e lived and 
passed away. 

" Basford Manor", or "Bashford", as now called, sit- 
uated near Chaptico, was granted to Dr. Thomas Gerrard, in 



3IO COLONIAL MARYLAND 

March, 1650/ It was bounded as follows: "On the south 
with the Manor of Saint Clement's, on the west with the Wic- 
cocomoco River, on the north with a bay called Chapticon Bay, 
on the east with a line drawn southeast from a marked oak 
standing in a marsh, near the said bay, called Tapster's Marsh, 
unto the first fountain of Tommahkockin, or the fresh creek 
running into Saint Clement's Bay", and was laid out for 
fifteen hundred acres, but by a re-surv^ey it was found to con- 
tain a much larger area. The annual quit-rent was fifteen 
bushels of corn This manor was sold by Dr. Gerrard to 
Governor Thomas Notley, who, in 1678, laid off 300 acres of 
it as the " Manor Lodge ", named it " Bachelor's Hope", and 
placed it in the possession of Colonel Benjamin Rozer,^ a 
member of his Council when Governor of the Province, and 
who married Ann Sewall, step-daughter of Lord Baltimore. 
Governor Notley sold " Bashford Manor" to Lord Baltimore, 
who conveyed "Bachelor's Hope" to Joshua Doyne, the re- 
mainder of the manor being subsequently divided up and sold 
as follows : 100 acres to James Mills, 100 to Notley Gold- 
smith, 100 to Michael Goldsmith, 100 to John Goldsmith, 100 
to John Reeves, 104 to Nathaniel Truman Greenfield, 200 to 
Benjamin Moulton, 200 to Edward Turner, 200 to John Smith, 
69 to Samuel Maddox, 150 to John Maddox, and 277 to John 
Eden' 

The manor house, a frame building witli brick gables and 
chimneys, one and a-half stories high, and steep gambrel roof, 
while unpretentious in exterior design, contained a great deal 
of handsome interior decoration, consisting of elaborate wood- 
carving. It occupied a commanding position on the Wicomico 



1 See Patent, Lil)er A. B. L. H. p. 166, Land Office. 

2 Rent Rolls, Saint Mary's and Charles Count}% i, p. 41. 

3 Rent Rolls, Saint Marj-'s County, i, Manors, p. 29. 



SAINT MAR r S CO UNTY 3 1 1 

River. This old monument of colonial times, stood almost 
unchanged until a few years ago, when it was destroj'ed by 
fire. The road passing through " Bachelor's Hope " is still 
known as the manor road. In 1773, the manor house at 
Bashford, and about three hundred acres of the manor, came 
into the possession of Major William Thomas, Sr. ,' and it 
continued to be owned by his descendants until late in the 
present century, when it was disposed of, and that part of the 
manor known as " Bachelor's Hope ", purchased in its stead. 

" Notley Hall ", on the Wicomico, and adjoining " Bash- 
ford Manor ' ' , was the home of Governor Thomas Notley. 
He sold it to Lord Baltimore, who owned it for many years. 
Baltimore was deprived of the use of it after the Protestant 
Revolution, in Maryland, but it was restored to him in 1692, 
by order of the Council.^ Nothing remains, it is to be re- 
gretted, of the old Notley house, save a few broken yellow 
bricks, and a brick under-ground passage-way, which led from 
the cellar to the river, about fifty yards below, to mark the 
spot on which it stood. 

' ' Notley Hall ' ' is frequentl)^ mentioned in the early 
provincial records, and is a place of historic interest, as well 
as of rare and exceptional beauty. It may be interesting to 
note that among the references which the early records make 
to this old estate, is one of a visit to Lady Baltimore, at " Not- 
ley Hall", in 1683, by Mrs. Doyne, of "Bachelor's Hope".' 

"Saint Clement's Manor" was granted, in November, 
1639, to " Thomas Gerrard, Gent ", for many years a member 
of the Council, and one of the most prominent men in the 
Province. It contained, at first. Saint Clement's Island and 



1 Deed, John Goldsmith to William Thomas, Land Office ; will, 
William Thomas, Saint Mary's County. 

2 Archives (CI. Pro. 1692 1 p. 311. 3 Ibid, 1683, p. 183. 



312 COLONIAL MARYLAND 

the neck of land lying between the Potomac River, Saint 
Clement's Bay, and a line drawn from Saint Patrick's to Saint 
Katherine's Creek, in all about 1030 acres. In June, 1642, a 
second patent was obtained for the manor, by which it was 
extended over to the Wicomico River, and was made to em- 
brace all the land which lay between the ' ' Potomack River ' ' , 
the " Wicocomoco River", "Saint Clement's Bay", " Ger- 
rard's Creek ", and " Tomaquoakin Creek ", and a line drawn 
from the head of " Gerrard's Creek ", 460 perches, to a Span- 
ish oak, " marked with twelve notches, standing on the head 
of Tomaquoakin run, or fresh creek", as well, also, as the 
islands of "Saint Clement's, Saint Katherine's, and Saint 
Margaret's",^ containing, as was supposed, 6,000 acres, but 
in reality embracing 11,400 acres. ^ 

Saint Clement's was erected into a manor, Mr. Gerrard 
made lord of the manor, and vested with all the roj'alties and 
privileges usually belonging to manors in England, among 
them the right of Court Baron and Court Leet. It is worthy 
of note, that Saint Clement's has passed into histor}^ as the 
only one of the old Maryland manors whose records, to any 
material extent, have survived the ravages of time. The 
records, written in quaint old I{nglish, of the Courts Baron 
and Courts Leet, held on Saint Clement's, between 1659 
and 1672, have been preserved. They are in the Marjdand 



1 See Patents iti Land Office. 

2 riu' Proprietary " qnittrent " for Saint Clement's, was at the rate 
of one shillint; pvr annum for every fifty acres. The following interest- 
ing receipt has been preserved by the Maryland Historical Society : 

" Marcli Stli 1659. Received then of Thomas (.ierrard of St. Cleui- 
cnl's manor, the full sumnie of sixty pounds in full discharge of ten years 
rent ended at Christmas 1659 [^o'' '^t. Clement's manor], the said being 
paid in Tob., at two pence per pound. 

" I say received by me, Phillip Calvert, Trer. 
" Witness William Ffuller, Ri. Even ". 



SAINT MARTS COUNTY 313 

Historical Societ}', and may be found herein printed in full in 
Chapter VI, " The Judicial System of Colonial Maryland ". 

Among the older estates carved out of Saint Clement's 
Manor, ma3' be mentioned ' ' Longworth Point ' ' , the Blackiston 
homestead, and the residence of Nehemiah Blackiston when 
President of the Council, in 1690 ; "Saint John", the Gardi- 
ner homestead ; ' ' I^ittle Hackley ' ' , the Shanks homestead ; 
' ' Bluff Point ' ' , the Coade homestead ; ' ' Mattapany ' ' , the 
Cheseldine homestead,' and "Bushwood", the Slye home- 
stead. At the latter place, then the home of Robert Slye, 

I Kenelm Cheseldine and John Coade were, perhaps, the most prom- 
inent leaders in the Protestant Revolution of 1688, and were both re- 
warded for their services in that connection. This preferment, and the 
subsequent history of the two men materially reflect upon the question 
as to whether the real motive which prompted the move was regard for 
the public weal and in the interest of religion, as was alleged, or was in' 
fact, a design to overthrow the Proprietary and entrench themselves in 
power. It has been well said in this connection, that " in times of revo- 
lution, men will rise to power, in whose mouths the alleged causes of revo- 
lution are but the watch-words to denote a party, or the calls to lure it on ; 
and whose hearts have never joined the service of the lip. But, as naturally 
as the muddy particles which float upon it denote the perturbed stream, 
does the elevation of such men indicate the over-excitement of the mo- 
ment, and diminish the force of its allegations against those at whom 
the revolution is aimed". — (McMahon, p. 238.) Cheseldine was made 
Speaker of the Protestant Convention, which assembled immediately 
after the close of the revolution, and al.so of the first Assembly convened 
under the Royal Government, in 1692 ; he was also appointed Commis- 
sary General of the Province, from which office he was dismissed, in 
1697, "for carelessness and negligeiicc in cffice'\ — (CI. Pro., H. D., 
Part 2d, p. 539.) What applied to him in office, seems to have developed 
in the case of his only son, Kenelm Cheseldine, into "carelessness 
and negligence' in morals — (See ist H. & McH. Maryland Reports, p. 
103 ; 4th Ibid, p. 314 ; 2 Bland, p. 76.) After the revolution, Coade was 
made a Colonel of the militia, and also Receiver of Customs for the Poto- 
mac District, and, at the same time, was "asserting that religion was a 
trick, reviling the Apostles, denying the divinity of the Christian religion, 
and alleging that all morals worth having were contained in Cicero's 
oflBces". For this grossly blasphemous conduct, he was dismissed from 
office, and was presented by the grand jury of Saint Mary's County, for 
" atheism and blasphemy'' .S&q Liber H. D. Part 2d, pp. 393-397. 



314 COLONIAL MARYLAND 

Speaker of the Lower House of Assembly in 1658, the Council 
of Maryland met, in 1659.' " Bush wood " occupies a pictur- 
esque position on the commanding elevation overlooking the 
Wicomico. The house, a capacious brick building with two 
large wings and four-sided roof, capped with balustrade ob- 
.servatory, is strikingly imposing, and presents a charming 
specimen of colonial architecture. It at one time contained a 
great deal of handsomely-chiseled wood interior decorations, 
much after the design of those at " ' Sotterly ' ' , and said to 
have been the work of the .same artistic hand, but this has, in 
recent 3'ears, been largely removed. On this, then very large 
estate, and near what is now known as ' ' Bushwood Wharf ' ' , 
was located the once promising port and town of ' ' Wicom- 
ico".' 

On what part of ' * Saint Clement's Manor ' ' the manor house 
stood has not been definitely a.scertained, but it is believed to 
have been that part of it called " Brambly ". Certain it is, that 
his son, Justinian, who was left in charge of the manor when 
Dr. Gerrard took up his residence in Virginia, and to whom 
he afterwards devised the greater part of it, lived there. In 
his will, dated 1685, he speaks of it as "my now dwelling 
house and plantation on said manor called Brambly, ' and as 
early as 1664, Dr. Gerrard himself referred to it as " Gerrard's 
Brambly",* which, in connection with the further fact that 
Brambly appears to have been the name of the Gerrard home- 
stead in England,* gives both color and strength to the theory 
that the beautiful and splendid estate of that name, on Saint 



1 Archives (CI. Pro. 1690) p. 206 ; Ibid, 1659, p. 383 ; will, Luke Gar. 
diner ; will, John Coade ; 4th H. & McII. Maryland Reports, p. 179 ; ist 
Ibid, p. 153. 

2 Act, 1688, C. 6. 3 Will Record. Annapolis. 

4 1st H. & McH. Maryland Reports, p. 112. 

5 Tombstone of Thomas T. Greenfield, at Trent Hall. 



SAINT MARTS COUNTY 315 

Clement's Manor, was also the seat of Dr. Gerrard, the first 
proprietor and lord of the manor. 

Of the style or character of the manor house at Saint 
Clement's, nothing is known, but it is highl}^ probable that it 
was built of brick, as Dr. Gerrard employed a brick-maker on 
the manor, in 1643,' and which, it may be added, is the earli- 
est reference the records furnish of brick making in Maryland. 
Saint Clement's Manor is also historical by reason of the fact 
that it w^as the spot on which the notorious rebellion of Gov- 
ernor Josiah Fendall was enacted. The details of this tragedy 
are given in Chapter III, " The First Capital ", but it should 
here be noted, that the Legislature, through which this nefa- 
rious scheme was to be carried out, met for the purpose at the 
residence of Mr. Gerrard, on Saint Clement's Manor. The 
second day of the session, it adjourned to a house owned by 
Mr. Robert Slye, at Wicomico, before mentioned, and it was 
there that independence was formally proclaimed, and that 
Fendall issued his famous proclamation as Governor of the 
little Republic of Maryland.^ 

As the active friend and ally of Fendall, in this conspir- 
acy, Mr. Gerrard was tried convicted, and sentenced to ban- 
ishment, and confiscation of Saint Clement's Manor, and his 
other property in Maryland. The sentence, however, was 
commuted, and the order of confiscation dismissed, but he was 
politically disfranchised and prohibited forever from again hold- 
ing public office.' After this, Mr. Gerrard moved across the 
Potomac into Virginia (leaving Saint Clement's in charge of 
his son, Justinian Gerrard), where he, in 1670, with John L,ee, 
Henry Corbin, and Isaac Allerton, erected a " banquetting 



1 Archives (CI. Pro, 1643) p. 213. 

2 Ibid,. Ass. and CI. Pro. 1659. 

3 Ibid, CI. Pro. 1660, p. 402. 



3i6 COLONIAL. MARYLAND 

house" at the corner of their respective lands/ In his will, 
dated 1672, he requested to be buried in Maryland by the side 
of his wife, Susanna, who was probably buried on Saint Clem- 
ent's Manor. Mr. Gerrard was himself a Roman Catholic, but 
his wife, as well as a large number of the freeholders and 
tenants on Saint Clement's, were Protestants,^ and a Protest- 
ant church was erected there, on Saint Paul's Creek, as early 
as 1642." 

After the death of Mr. Gerrard, information reached the 
Proprietary that Saint Clement's contained a much larger area 
of land than was set forth in the patent. A re-survey of the 
manor was ordered, by which it was ascertained to contain 
11,400 acres, being 5,400 acres more than Mr. Gerrard had 
been paying the " annual quit-rent " upon. 

A scieri facias was issued against Mr. Justinian Gerrard, 
his son and heir-at-law, and in 1678, the Provincial Court 
decided that the patent had been ' ' unduly and illegall}'- ob- 
tained ' ' , and ordered it to be canceled. A new patent was, 
however, issued to Mr. Justinian Gerrard for the manor, with 



I Meade's Virginia, 2, p. 146. 2 Day Star, p. 58. 

3 Who Were the Early Settlers of Maryland. 

Dr. Thomas Gerrard married, ist, Susannah Snow, sister of Jus- 
tinian and Abel Snow, and 2d, Rose Tucker, widow of John Tucker, of 
Virginia, who died in 1671. She left children by her first marriage — 

Sarah, who married Blackiston, and Rose, w'ho married William 

Fitzhugh of Virginia. — (Virginia Historical Society, Vol. 1, No. 3, Janu- 
ary, 1894, p. 269.) Dr. Gerrard died in December, 1673, leaving by his 
first marriage, sons Jnstinian, Thomas, and John, and daughters Susan- 
nah, who married, tst, Robert Slye, and 2d, John Coade ; Elizabeth, who 
married Nehemiah BUickiston, and Mar)', and a grandson, Gerrard Pey 
ton. — (See his will, Will Record, .Annapolis. ) His sons Justinian and 
Thomas both died without issue. John, his third son, left issue, Susan- 
nah, who died unmarrieJ, and John, whose widow Jane, married Richard 
Uewellin, father of John Llewellin, of Brambly. — (Paper in possession 
of the .-Author, submitted to Thomas Stone, before 1750. for legal opinion 
as to heirs-at-law of Dr. Gerrard. ) 



SAINT MA R y S COUNTY 3 1 7 

a ' ' quit-rent ' ' based on the correct acreage. Saint Clement's 
Manor was, in 1710, purchased by Charles Carroll, and the 
last official notice we have of it as a manor, is to be found in 
the celebrated case of Carroll and Llewelliu, in 1750, over 
that part of it embraced within the limits of the estate called 
Brambly.' 

Near Saint Clement's Manor, but not a part of it, was 
' ' Bushwood lyodge ' ' , noted as the earlj- homestead of the 
Key family in Maryland, "' and was at one time distinguished for 
the high character of its improvement. The mansion house, 
erected, it is said, about 1730, by Philip Key — the progenitor 
of the family in Maryland, a lawyer of finst rank, and a mem- 
ber of the Privy Council — enjoys the reputation of having 
been one of the handsomest houses at that time in the Prov- 
ince. The parlor walls, tradition says, were made of alternate 
panels of carved wood and mirror. It was destroyed by fire 
early in the present centur}^ the house now there being the 
second to occupy the place of the original. * 

For an account of ' ' Newtown Manor " , or " Little Bret- 
ton", as officially named, see Chapter IX, "Some of Mary- 
land's Early Churches ". 

"Tudor Hall", the Key homestead, is situated near 
Leonard-Town. It was originally the home of the Barnes 
family, and on it ma}' still be seen, the ancient tombstones, 

1 1st H. & McH. Maryland Reports, p. no. 

2 See will of Philip Key, 1764, Will Record, Saiut llary's County. 

3 The fact should not go unnoticed, that at " Rushwood Lodge" 
were born and reared, among others, Edmond Key, Attorney General of 
Maryland and a member of the committee which drafted the famous 
instructions for the Stamp Act Congress ; Thomas Key, the father^ of 
Judge Edmond Key ; and Francis Key, the father of Philip Barton Key, 
the distinguished jurist and statesman, and Ann Ross Key, wife of Chief 
Justice Roger Brooke Taney; and Francis Scott Key, author of the " Star 
Spangled Banner "—that national anthem whose " martial and inspiring 
strains" that have long since encircled the earth. 



31 8 COLONIAL MARYLAND 

covering the graves of Major Abraham and Colonel Richard 
Barnes, two of early Maryland's niost distinguished sons. 
The house, a handsome brick building, occupies a promi- 
nent and strikingly-pleasing position, overlooking Bretton's 
Bay, and is conspicuous for the graceful design and dignified 
simplicity of its architecture and finish. 

Near it is a grove of stately oalcs — sentinels of the prime- 
val forest — one of which, a majestic white oak, is said to 
mea.sure twenty- nine feet in circumference. 

" Porto Bello " was the Hebb homestead. It is on the 
Saint Mar3''s River, nearly opposite Saint Mary's City. The 
house stands on a graceful eminence near the riv'er, and com- 
mands an extensive and rarely beautiful view of both land and 
water It is a large frame building, with brick foundations 
and gables, hipped roof, and semi-dormer windows, and pre- 
sents an interesting specimen of colonial architecture. The 
interior finish, while not elaborate, is unique and handsome, 
and over the parlor mantel, built in the brick wall, is a large 
mirror, said to have been placed there when the house was 
erected. 

Local history and family tradition say, that William Hebb, 
his friend, L,awreuce Washington, and his neighbor, Edwin 
Coade — midshipmen in the British Nav}" — on their return, 
after the war between England and Spain, named their estates 
after persons and places connected therewith, Hebb calling his 
"Porto Bello", in honor of the celebrated battle of that 
name, in which he was engaged ; Coade naming his " Carthe- 
gena ' ' , after the noted Spanish town of that name ; and 
Washington giving his the name of "Mount Vernon", in 
compliment to Admiral Vernon, under whom they all served. 

Among the other ancient estates in Saint Mary's, ma)"- be 
mentioned, " Evelynton Manor", in the " Baronie of Saint 



SAINT MARTS COUNTY 319 

Marie's", at Piney Point, granted to Hon. George Eveh'n, 
in 1638; ''Forrest Lodge ', in Saint George's, granted to 
Patrick Forrest, in 1665; "Dryden", adjoining West Saint 
Mary's Manor, granted to Kenelni Cheseldine, in 1676; "Hunt- 
ing Creek ", adjoining " Park Hall ", granted to Hon. Thomas 
Hatton, in 1654; "Snow Hill", near Saint Mary's City, 
granted to Abel Snow, in 1637; and the manors of "West 
Saint Mary's", opposite Saint Mary's City, containing 1370 
acres ; ' ' Beaver Dam ' ' , between Indian Bridge and Leonard- 
Town, containing 7,680 acres; and " Chaptico ", on the north- 
west side of Chaptico Bay and Run, containing 6, no acres. 
These manors belonged to Lord Baltimore, and were retained 
by the Baltimore family, almost in their entiret}', until the 
American Revolution. 






www 

Tl S shedding light upon the escapade referred to in note on pages 
©/I 36 and 37 — that of breaking open the old Vault, at Saint Mary's 
■ — the following letter, accidentally discovered, and never before 
published, is of historic interest and value. The letter, dated August ist, 
1799, ^'^s written b}^ one of the participants, Dr. Alexander McWilliams, 
to his mother. The author was then a student of medicine under Dr. 
Barton Tabbs, who resided at Tabbs' Purchase, afterwards known as 
White Plains, near Saint Mary's City, and who was the son of Rev. Moses 
Tabbs, for many years Rector at William and Mary Parish. Dr. McWil- 
liams afterwards served as surgeon in the navy, and subsequently located 
in Washington City. This letter, still in excellent preservation, is now 
in the possession of his nephew, Mr. James INIcWilliams, of Saint Mary's 
County. That part of it relating to family matters is, of course, here 
omitted : 

August 1st, 1799. 
Dear Relations : — 

* * * ■;:- -:;- * * ■* * 

The oldest people now living, have for many years past spoken of a 
vault that was at Saint Mary's Church, in which was one of tlie first 
American governors and his lady, who were in leaden coffins and em- 
balmed for the purpose of being sent and interred in England, but being 
disappointed in passage there, it was determined a vault should be 
erected and they enclcsed therein, the door locked, and the key thrown 
into the river. This was the account which was handed us from the 
oldest people now living, who had been informed by their fathers, and 
they got it from their fathers, etc., but none of them remembered their 
names. Into this curious affair, Doctor Tabbs and Mr. James Biscoe 
were determined to search but never did. I hearing it mentioned pro- 
posed to Mr. George Campbell to accompany me there and open it, which 
request he willingly agreed to. Our intention was communicated to Mr. 
James Hiscoe, Basil Biscoe and Doctor Tabbs who were all pleased with 
it and agreed to join us. Agreeable to appointment the 27th in.stant, all 
except Doctor Tabbs were there by 9 o'clock and nearly twenty others, 
although we were private as we could be or thought neces-sary. We first 
began to dig down as low as the door, but the ground being hard 



322 APPENDIX 

prevented us. The attempt was then made on top which was below the 
surface of the earth. However, after near four hours of excessive hard 
labor, we opened a small hole, and heard the bits of bricks rattle down 
on the coffins. I peeped in and saw two along side of each other. The 
hole being made larger, Mr. Canipbi-11 with a rope was let down and I 
followed him and to onr astonishment we saw the coffins were of wood, 
the planks of which were easily separated, which we did, and behold it 
contained most elegant leaden coffins, the smaller of which was by a 
rope, with difficulty got out and conveyed to a she<l close by where 
awaited the spectators anxious to behold the contents. We removed the 
lid and to our surprise saw within it another coffin of wood. The lid of 
this being knocked off, we saw the v.indiug sheet perfect and sound as 
was every other piece of garment. When the face of the corpse was un- 
covered it was ghastly indeed, it was the woman. Her face was perfect, 
as was the rest of the body but was black as the blackest negro. Her 
eyes were sunk deep in her head, every other part retained its perfect 
shape. The loss of three or four of her upper fore teeth was supplied 
with a piece of wood between. Her hair was short, platted and trimmed 
on the top of her head. Her dress was a white muslin gown, with an 
apron which was loose in the body, and drawn at the bosom nearly as is 
now the fashion only not so low, with short sleeves and high gloves but 
much destroyed by time. Her stockings were cotton and coarse, much 
darned at the feet, the clocks of which were large and figured with half 
diamonds worked. Her gown was short before and gave us a view of all 
her ankle. Her cap was with long ears and pinned under the chin. A piece 
of muslin two inches broad which extended across the top of her head as 
low as her breast, the end was squared and trimmed with half inch lace 
as was the cap The body was opened and the entrails removed and 
filled with gums and spice, and the coffin filled with the same. She was 
a small woman, and appeared delicate. In the coffin of the man was 
only the bones which were long and large. His head was sawed through 
the brain removed, and filled with embalmment, but he was not so well 
done as the other, or had been there much longer as he was much more 
gone. The winding sheet of the body was marked in such letters as these 



c'^a 



_jn 



'-T h 



C =1 



r 



on the lid was such as these ^ '^ The vault was 

nearly ten foot square, nicely /\ • I ■c^l-.'* arched with a 

brick floor. We saw where -iL JL^ • \ — ^ the door was 

but it was bricked up. The air in there 

was cool and impregnated with a sweet balmy smell, originating from 



APPENDIX 323 



the coffins, but I thought proper to sprinkle it with rum. The length of 
time that these bodies have been here must have been two hundred years 
or more as we have not the smallest account who they were more than 
what I have mentioned. Since writing the above I have heard a man 
say who is sixty years of age, that it was one Gopely. He got his infor- 
mation from his father who was eighty years of age when he died, and 
his was handed him by his great grand father who built the vault and 
came in as a servant to this Copely. This seems to be the best account, 
and most probable. After spending the day in hard labor we replaced 
them as before, and returned home, all acknowledging themselves per- 
fectly satisfied and abundantly rewarded for their trouble. Numbers 
since regret their not knowing it as the}' might have been there. Others 
wish it again opened, and some are displeased at its being opened at all. 
^(■■x- ******* 

ALEXANDER Mc. WILLIAMS. 



:x. 



Page 

Abbington Creek .... 264, 295 
Abbington, John, gent, 

Curious warrant to . . note-102 
Acknowledgments, see Deeds. . ... 
Addison, Col Thomas Jlote;297 

Addison, Judge 145 

Admiralty, Court of 141 

Aldermen of St. Mary's City, 25, 71 

Allerton, Col. Isaac 315 

All Faith Parish, History of, 216-220 
All Saints' Church .... 212-213 

Alms House 263-264 

Anacosta note 20 

Appeals, Court of .... 150-152 

Appeals, right of 150-153 

Ark and Dove 9, 10 

Assize Courts 141, 142 

Assembly, General .... 55, 56 
Attorneys, regulations as to, 

and fees of 148 

Augusta Carolina .... 353, 354 

Bachelor's Hope 310, 311 

Bailiflf, Court 121 

Baltimore, Lords, 

Instructions of i5) 23 

Report of . .... note-24 

Makes religious toleration a 

cardinal rule .... note 57 
Home of Charles .... 48, 290 

Marriage of note-291 

Wills of note, 98, 99 

Barber, Dr. Luke, grant to, note, 308 
Baron and Leet, Court . .127 136 
Barnes, Major Abraham, and 

Col. Richard . . . 278, 279, 318 
Bashford Manor . . . 309-311 

Battle Creek 307 

Battle of the Severn . . . note-64 

Battle Town 307 

Beaver Dam Manor 319 

Blackiston's Island, identified 
as St. Clement's 13. '4 



Page 

Blackiston, Col. Nehemiah, 13,69,70 
Blackistone, Jame.s T. . note, 285 
Blackidtone, Gov. Nathaniel . 277 
Bladen, Hon. William . . note-289 
Bluff Point, estate .... 213, 313 

Bordley, Judge 145 

Borough, English, local mode 

of inheritance note 107 

Bowes, Timothv 279, 281 

Bowles, Hon, James . . note, 297 

Bozman, 12, n6, 256 

Brambly, estate . . . 314, 315, 317 
Brent, Dep. Gov. Giles ... 50 
BTeht, Mistress Margaret . . 29, 50 
Bretton, Hon. Wm., 232, note-234 

Brice, Judge 145 

Brome, Dr. John Mackall, note-51 

Brome's Island 307 

Brooke, Hon. Baker, married 
daughter of Gov Calvert, note-63 
Lord of De-la Brooke Manor, 303 

Brooke, Judge 145 

Brooke, Gov. Robert .... 
President of Council ... 63 
Commander of County . . 254 

Deposed 255 

Religion of note-302 

Home of 307 

Brooke Place Manor .... 307 

Bud's Creek 257 

Bushwood, estate .... 313, 314 

Calvert, Lady Jane . 290, note-311 
Calvert, Gov. Leonard .... 
Makes treaty with Indians, 16 
Laid out first town .... 17 

His home 29 

His Manors 288 

Aids in laying foundation of 

Government 36, 37 

Enforces religious toleration 
note, 58, 59 



330 



INDEX 



Page 

First. Chief Justice aud Chau- 

cellor 115 

Driveu to Virgiuia .... 61 
Expedition against Claiborne 249 

His death 61 

Life and character of . . 62 

Family of . note-62 

His monument . . . . 76, 77 
His son aud daughter, . note-63 

Calvert Hon. Philip 

Appointed Governor ... 65 

Home of 52 

Chancellor 52 

Marriage of note-291 

Calvert County . . . 254, 257, 307 
Calverion M.qnor and town, iii, 307 
Cannons from Fort St. Inigoes, 237 
Canon 4,Title 2, not inforce,note-i97 
Capital, Maryland's first . . . 

Location of 21 

Erected into a City .... 25 
Map of .... Appendix 
Character of improvements, 26 
Houses, Public Buildings, 27-53 
Polical History of . . . . 55, 80 
An Historic Battle-field . 56, 60 

Removal of 71. 74 

Historical importance of . 78, 80 
Carberry, Rev. Joseph .... 237 

Carroll, Archbishop 295 

Carroll, Charles of CarroUton 

note-295 
Carroll, Gov. John Lee . note-302 

Carthagaoa 318 

Carvile, Attorney Genl. Robt. 47 

Castle, Governor's 45 

Causin, J. M. S 2S6 

Caution Money 86 

Cedar Point, estate .... 295 

Certificates 89, 90 

Chancellor 115, 139 

Chancellor's Point 

Place of first landing . . 18 

View of 18 

Chancery, High Court of . 1 39-141 

Chapel, the finst 41, 42 

Used conjointly by Protest- 
tantsatid Roman Catholics, 42,43 
Later history of ... . 43. 44 
Its yard the place of burial, 45 
Chapel of St. tJeraent's Manor 212" 
Chapels of Ease, 212, 218, uote-221 

Chaptico Manor 319 

Chaptico town 212, 265 

Charter, first municipal . 25 



Page 

Charlotte Hall 274-276 

'.Cherry Field Point 282 

Cheseldine Kenelm . 49, note-313 
Chesley'.s Hill, estate . . note-306 

Churches, Early 203-238 

Church Endowments, the 

earliest 208-213 

Church Establishment . . . 
Acts relating to .... 165-174 

Character of 174 

Mar3'land and English Es- 
tablishment contrasted . 174 186 

Clergy under 186 188 

Their tenure . i8a, r8i, 185, 186 
Induction of . 179, r8o, 185, 189, 

195. 196 
English Ecclesiastical Law 
not in force under . . 174, 175 

Tax under 189, 190 

Swept away by revolution . 191 

New conditions after . . 192-195 

Law applicable to, note-171-174, 

195 202 

Churcii, Newtown . . . 231-234 

Church, Poplar Hill . . . 205-208 

Church, Sacred Heart .... 238 

Church, St. Aloy.sius .... 238 

Church, St. Inigoe's . . . 234-236 

Church, St. John's 238 

Church, St. Joseph's .... 238 
Church Tax, controversy over, 
189-190 

Church, Trinity 39. 4° 

Church Wardens . . . . 172, 178 
Clergymen, Protes'.ant . . . 

First in the Province . . 163, 164 
How benefice procured by . 179, 

180, 185, 186 
Tenure of . . 181, 185. 189, 196, 
note-t97 

Character of 186 188 

Names of, 209, 210, 215, 219 220, 
223 225 
Clerks of Courts ... 120, 121 
docker's Fancy, place ... 52 
Coade, John ... 69, note-313 
Cohongoronta, early name of 

Upper Potomac .... note-19 
Coinmi.s.sary General . . . 137-139 
Coin, Early Maryland ... 67 
-Conveynncing, methods of, 103-105 
Colors for Counties . . . note-258 

Cool Springs 276-278 

Copley, Thomas ' 87, 235 



INDEX 



331 



Page 

Copley, Sir L,ioriel, first Royal 

Governor 70 

Death and burial of . . 36, 37, 70 

Copley Vault 37, note 70 

Confiscation, Acts of 97 99, 101-102 
Cornfield Harbor, estate . . . 289 
Cornwaleys, Capt. ihoinas, 40, 6; 

note-289 X,*) ^ 
Council of Safety .... 278-2S1 

Council Chamber 31 

Court Houses, 01 dcred built . 122 
At Leonard Town . . . ?6o-262 
Courtes, Col. William . , 70, 145 
Courts, see several tiiles of Ad- 
miralty, Assize, Baron and 
Leet, Chancery, County, 
Oyer and Terminer, Prerog 
ative and Provincial, King 
in Council 
County Court 

Organization of . . . . 118, 119 

Judges of 121 

Their compensation .... 121 

Oath 124 

Quorum 121 

Terms of 121, 122 

Administrative duties of, 122, 123 

Rules of note-122 

Jurisdiction (;f 124, 126 

Ap]5eals from 127 

Appeals to . . .. 117, 118 

County Committee .... 281 
Cremona, e.state ....... 304 

Crier, Court 121 

Cromwell's Commissioners, 63, 64, 
242, 243 

Cross Manor 289, 290 

Cross Neck, place 52 

Cuckold's (St. Cuthbert's) 

Creek 296, 301 

Dalrymple confounds St. Clem- 
ent's with Heron Island . . 12 
Dartiall, Col. Henry, Eleanor 
Brooke, Mary. Jolin, Robert 

294, note 295 

Darnall, Justice 14.5 

Deeds, acknowledgment and 

enrollment of . . . 104, note 105 
Deep Creek ... 288 

Deep Falls, estate .... 308, 309 
De la Brooke Manor . . . 202, 204 

Descent, rule of 106, 107 

Diggps. Col. William .... 
Secretary of the Province . 30 



Page 

In command at St. Mary's at 
time of its evacuation, 1689, 68 
His manor the site of Fort 
VVarl)urton, afterwards Fort 

Washington note-291 

Distiicls. Commissioners for 

hiying out 258 

Horsey, Clement 286 

Dryden, estate 319 

Ducking Stool 122-^ 

Dunmore's Fleet 282 

Early County OfTiccs, note-283 285 
Fast St .ftiary's, place .... 49 

Escheats 93 

Fgerton, Charles . . note-289 

Eiirollment cf Conveyances . 104 

EntJiilnients 107-108 

Evelyntun Manor 318 

Fealty ■ • •. • 93 

I'Vndall, C'^ov. Josias, rebellion 

of 65, 66, 315 

{'"en wick'. « Manor .... 300, 301 
P'lag, the MMyiand, design of, 2z|8 

Early uses of 249 

Fines 94 

Fleet, Capt. Henry 16 

Forrest Haii, estate ^_.__ ^ . 3^18 

P'orrest Lodge, Lstate .... 308 
P'ort St. Inigoe's . . 27, 236, 237 

Fort St. Mary's 27, 28 

Fort Warburton .... note-291 
Fort Washington .... note-291 

Garri.son, Mattapanj' . . . 69, 2c r 

General Court 153 

Gerrard, Dr. Thomas . 13, 312. 317 
Gerrard. Justinian . . "— jrb, 317 
Gerrard 's (2reek .... 312 

Gibbet Hill 270 

<ilebes .... 176, 208, 212, 223 

Gold.sborougli, Justice . . . . 145 

Graveyards, early, 45, 207, 208, 233, 

238, note-301, note-304, note-306, 

Green's Rest, place 51 

Ground Rents 97 

Hall. Justice 145 

Hamburg 266, 308 

Hands. Justice 145 

Harford, Henry, last i'roprie- 

tary 98. note-99 

Harvey Hundred and Town, 258, 264 



332 



INDEX 



Page 

Haywood, Justice 145 

Henry, Justice 145 

Hepburn, Justice 145 

Heron Island 12, 14 

Hooper, Justice 145 

Hundreds, civil divisions . 257, 258 
Hunting Creek 316 

Indentures 105 

Indians 

Characteristics and habits, 10, 11 

Religion 17 

Names 19, 20 

Manors 1 11, 112 

Mone}' note-Ill 

Attempted colonization of . 11 r 

Indian Town, estate 308 

Induction, its uses and abuses 

179-186, 195, 196 

Ingle, Richard 61 

Inheritance, modes of . . note-107 

Jail, first one erected . . . 26, 32 

Jail, Leouardtown 263 

Jellie's Tavern 38, 39 

Jenifer, Daniel, home of . . . 31 

Jenifer, Justice 145 

Jesuit Fathers, note-87-90, note-235, 
note-237 

Jordan, Jeremiah 279-281 

Judges, appointment and com- 
pensation . 121, 137-138, 141 144 

Character of 154-162 

Oath uote-i?4 

Judicial System 

Gradual development of, 115 118 
Various courts under, 116-118, 

127, 136, 139 141, 143, 150 
Characteristics of ... . 154-162 
Jury, selection and compensa- 
tion of 123, 145, 141') 

Right to trial by .123 

Of Manorial Courts, 128 note-134 
Justices of Uie Peace .... 

Jurisdiction and powers, 117, 118 
Jutland, estate 289 

Key, Hon. Philip, 283, 285, note-317 
Key, Hon. Edmund . . . 282, 317 

K ey's Creek 25, 27 

King and Queen Parish . 210-216 
King in Council, appeals to . 151 

Land Office, establishment of. 91 
Records of note-99 



Page 

Land Tenure^ character of . 81-84 
How and by whom land could 

be obtained 84 90 

In what quantity 85-87 

Methods of transferring, 103-106 

Descent of 106107 

System aristocratic in ten- 
dency ni-114 

Law Chambers 31 

Law of Province . . 115-116 

Leonard Town, history and 

map of 260-264 

Levy, first County .... 258-259 
I. ewger. Secretary John . . . 

His home 47 

Conflict with Jesuits . . uote-87 
Little Bretton Manor . . . 233 234 

Livery of Seisen 103-104 

Longworth Point, estate . . . 313 
Lowe, Susannah Maria . note-2Qi 
Lowentown ....... 204 

Luckland, estate 308 

Mail route, the first . . . 268, 269 
Manors, privileges and powers 

incident to . . . .83, 108, iii 
Manorial Courts . ... 127-136 
Map of Leonard Town . . . 262 
Map of St. Mary's City . Appendix 
Afarriages, early records of, 
■^ ' note-225-232 

Market Square -41 

Marylatid, area of .... note-64 
Maryland, loss of territor)' . 64 
Maryland Reports, early • 151, 152 
Matfapany, estate .... 290, 292 
Mayor and Aldermen of St. 

Mary's City note-71 

Mattapany Street . . . .27,41,52 

Middle Street 27,29-31 

Mills, early . . . note-41, 269, 270 

Act for establi.'^hment of . . 27 
Money, various kinds in use, 

95, note- 1 1 1, 244 
Morecrofl, John ...... 25 

Mortmain, statutes of, enforced 

87-88 
Mulberry tree, historic old 35-38, 76 

Newtown Manor and Church, 

231, note- 234 
Nicholson, Gov. Francis, 71, 73, 276 

Notley Hall, estate 3" 

Nuthead, Richard, first printer 
of Province 67-68 



INDEX 



333 



Page 
Oyer and Terminer, Court of . 131 

Palatine, Maryland a . . . . 8i 

Nature of note-81-83 

Parishes, Province divided into, 203 

Names of i 205, 

Patents, land, hove obtainedj^Sg-gn 
Peake, Indian money . . notC^rf 
Persons, names of, notes-71, loo, 
128, 136, 225, 232, 275, 278 281 
Piepoudrea, Court of . . . note-41 

Pillory 122 

Pine Hill River, located . 255, 256 
Piney Neck, estate . . . note-289 
Plains, the, estate .... 306, 307 

Plater, Hon. George . . . 296-298 
Plater, Gov. George . 297, note-300 
Point Patience, estate .... 307 

Point Lookout ....... 9 

Poplar Hill Church .... 205 208 

Poplar Hill, estate .... note-295 

Porto Bello, estate 318 

Ports, public 266 

Potomac River . . notes-9, lo, 19 
Prerogative Court .... 136-141 

, Preston, Richard 64, 137 

Primogeniture 106, 107 

Prince Frederick 307 

Printing press 60, 67, 68 

Protestant Revolution . . note-313 

Provincial Court 143-162 

Public roads 266-268 

Queen Tree, place 265 

Quia-emptoris, statute of, dis- 
pensed with note-83 

Quigley, Capt. William, builder 
of first State House .... 32-35 

Quit rents 9499 

Relief 94 

Religious denominations, rela- 
tive early gro'vth of . . . 81, 82 
Religious toleration, practical 

existence of note 57 

Rent Rolls 99, 100 

Resolutions, Stamp Act . . . 282 

Resurrection Manor 296 

Roads, early public .... 266-568 
Roanoke, Indian money . note-iii 
Rock Creek Parish .... 224-232 
Roman Catholic places of v?or- 

ship 41-43, 231-238 

Rosecroft, place 53 

Rousby, Col. Christopher . . 292 



Page 

Rousby Hall, place 293 

Rousby, Col. John .193 
Roj'al Government 70 

Seal, the Great, unique . . . 239 

The first lost 239 

Great Seal of 1648 240 

Captured, but restored . . 242 
Lesser Seals at Arras . . 243 244 
Stamped on money . . 244 

Great Seal retained after 

Revolution 245 

New Seal adopted 245 

Second new Seal 247 

Third Seal, after one of 164S 247 

The one now in use .... 248 

Great Seal of United States, 245 

Illustrations . 241, 242, 243, 249 

Under Royal Government . 243 

Sacred Heart Church .... 238 

School, early system .... 273 

Sheppard's Old Fields :6o 

Sheriffs, their appointment and 

duties 1 19 r ?o 

Setter] y 296- 29S 

Spring, Governor's 47 

State House, Maryland's first 

described 3 ■■"34 

Picture of . . . ... 34 

Grant of 75 

Destruction of .... 76 

Stocks 122 

Supqnehannah, estate . . :?92-294 
St. Alo> sins' Church .... 238 
St. Andrew's Parish . . . 220-224 
St. Clement's Island .... 

Historic spot .' 9-11 

Rescued from oblivion . . 11-14 
St. Clement's Manor . . .311-317 

Courts of 128-136 

St. Elizabeth Manor .... 288 
St. Gabriel Manor ... .288 
vSt. Inigoes Church .... 234-236 

Fort 236 

Mission note-237 

St. John's Church 238 

St. Jerome's Town] .... 264 
St. Joseph's Church . ... 238 

Manor 295 

Town 264 

St. Katherine's Island . . 13-14 

St. Leonard's Creek 307 

St. Margaret's Island .... 13 
St. Mary's City, see Capital 



334 



INDEX 



St. Mary's Count \' 

Attractions of .... 251-253 
Character of bouses .... 287 
Civil divisions of ... . 257, 258 

County seat of 259-263 

Delegates to conventions, 278-281 

Early officers of ... . note-283 

After Revolution . . . 284-^85 

Features of 251-253 

Governors of 286 

Historical interest of . . 251-253 

Limits of 254 257 

Old estates of 288-319 

Other towns of . . . 264-265 

Ports of 266 

Representatives of in Con- 
gress, etc 285-286 

Seat of learning in . . .274-276 
Traditions of . . . note-270 

Will records of -71-273 

St. Mary's Parish 205 

vSt. Mary's River 21-22 

St. Michael's manner .... 288 

Snow Hill Manor 319 

Stars and Stripes, history of, 

note-249-250 
Stone, Gov Wui., note-59, note-62 

63, 64 

Tabbs, Rev. Moses, 267, appendix 
Taney, Chief Justice Roger B. 63 
Tavern rates, esta'^lished by law, 

noie-39 
Taxation . 28, 41, 166, 169, 189, 190 

Tench, Ju.stice 145 

Tenure 92 

Thomas, Capt. John Allen, 280, 

281, 284 
Thomas, Maj. William, Sr., 215, 

279, 284, 311 



Paste 

Thomas, Maj. William, Jr., 63, 

276, 281, 283, 285, 304 
Thomas, Gov. James, note-283, 286 
Toleration, Religious, practical 

existence of 57-6o 

Tomaquoakin (Tomakokiti) 

Creek 312 

Trent Hall, estate 304 

Trinity Church . 39 

Manor 288 

Truman, Maj. Thomas . . 304, 305 
Tubman, Maj. Henrv, 275, 280, 

284, 285 

Tudor Hall 312 

Turner, Edward . . note-128, 310 

Urquhart, Rev. John . . . 220- 221 

Vault, Copley, 36, 37, 70, appendix 
Vestry, law applicable to, 166-168, 
174-179, 190-194, 196, 197 
Vestrymen, names of, 205, 215, 

217, note-224 

Waldrtm's Old Fields, site of 
St. Andrew's Church ... 221 

Wardens, Church 172 

Warrants, land 90 

Warehouses, public 206 

West St. Mary's Manor . . . 319 
White, Father Andrew . - 9, 13, 18 

Whipping post 122 

Wicomico Towm 264, 3f5 

'■^Wills, records of . . . . 138,271 
WaLstenholme, Daniel . . 5^2, 53 



Yaocomico, Indian town 
Site of First Capital . 



. . 16 

■ 17, iS 



Zachiah Swamp 211, 267 



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